Discovery conducted without a plan produces volume rather than evidence.

Start from the elements. For each claim and defense, list the elements, then what evidence would establish each, then where that evidence resides. Anything not on that list is optional.

Sequence. Documents before depositions, almost always. Deposing a witness before reading their emails wastes the deposition and often the case’s best opportunity.

Custodians and sources. Identify who would have created or received the relevant material, and what systems it lives in. Interview the client’s IT function early rather than guessing.

Third parties. Bank records, accountants, counterparties, customers and industry participants. Non-party discovery takes longer and should be started early.

Depositions. A ranked list with the purpose of each stated in a sentence. Depositions taken because the witness appeared on a list, without a purpose, are the most common waste in commercial litigation.

Experts. Identify what expert proof is required and retain in time for the expert to shape the fact discovery they will need.

Calendar. Work backwards from the discovery cutoff, allowing for the response periods, meet-and-confer time, and motion practice. Plans that assume everything goes smoothly fail in the last month.