Saturday

Workload Driver - Discovery Issues, what constitutes "voluminious discovery?"



Question: When is the size of the discovery to be noted? In every case or only in voluminous cases? What makes it voluminous?

Answer: Size of the discovery alone will not trigger the driver. The size of the size of the discovery must co-exist with determination that size significantly complicates the case.

Unlike the old legacy factor on our closing forms, this new Work Measurement Study Workload Driver does not reference “voluminous discovery." That omission is deliberate. There is no agreement or national definition as to what constitutes, “voluminous discovery.” From discussions among the Steering Group and with staff in various offices, we've learned that "voluminous" can mean very different things in different districts.

By gathering the actual size of the discovery set, the analysis will hopefully reveal what constitutes a "voluminous" discovery set that impacts resource requirements.

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