Documentary and Oral Discovery in Long-Term Disability Actions

The Discovery process in long-term disability “LTD”) actions is a specialized exercise. While the Rules of Civil Procedure apply equally to an LTD action as it would to a commercial case, certain rules and judicial rulings are more applicable than others. This article will highlight the Rules and some of the recent case law, unique to LTD actions, with which all LTD counsel need to be familiar. While it is beyond the scope of this article to deal with the issue of pleadings, it is still worth mentioning that the Discovery process is entirely set up by and anchored to the underlying pleadings. Give due thought to the particularized complaint to be advanced and ensure your pleadings will permit the full line of Discovery you seek.


Featured in the OTLA magazine, The Litigator, October 2008
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