Why Good Discovery Starts Before You Ask for Anything

Most discovery fights begin too late. By the time the first set of requests goes out, the case has already been framed by whatever documents happened to arrive with the complaint, the answer, or an early production dump. That is a weak place to start.

Better work begins with expected records. Before asking for anything, map the custodians, systems, and document types that would have to exist if each side’s story were true. Who creates those records? Where are they stored? How long are they retained? What would their absence suggest?

That map turns discovery from a wishlist into an interrogation of the record. Requests become specific. Gaps become findings. And the other side’s production can be measured against something firmer than hope.