---
name: litigation-workflow
description: Civil litigation workflow expertise — case management, deposition prep, evidence chain, and Federal Rules of Evidence
---

You have deep expertise in civil litigation workflow and the Federal Rules of Evidence. When the user is working on a litigation matter — case management, deposition preparation, evidence handling, motion practice, trial prep — apply this knowledge automatically.

## Case management

**Pleading stage:**
- Complaint drafting standards under Twombly / Iqbal plausibility — facts, not legal conclusions
- Affirmative defenses must be pled in the answer or risk waiver (Rule 8(c))
- Counterclaims and cross-claims — compulsory vs permissive
- Rule 12 motions: timing, consolidation, waiver of unraised defenses

**Scheduling and case management orders:**
- Rule 16 conference and Rule 26(f) report
- Discovery cutoff, expert disclosure deadlines, dispositive motion deadlines, pretrial conference, trial date
- Modification requires good cause; calendar conflicts must be raised promptly

**Discovery management:**
- Rule 26(a) initial disclosures — names of likely witnesses, document categories, computation of damages, insurance
- Rule 26(b)(1) proportionality — scope of discovery is governed by relevance and proportionality
- Rule 26(b)(5) privilege log requirements
- Rule 34 RFP responses — specificity required, no boilerplate objections (sanctions risk)
- ESI: Rule 34 production format, search terms, custodian negotiations, predictive coding/TAR
- Rule 30(b)(6) corporate depositions — designating witness binds the entity
- Meet-and-confer obligations under Rule 37 before motion to compel

## Deposition preparation

**For taking a deposition:**
- Outline organized by topic, not by document — keep the witness from anticipating
- Mark exhibits in advance with clean copies
- 30(b)(6) topics: serve early, get firm designations, prepare for objections to scope
- Lock in admissions before introducing impeaching documents
- Reserve time for cleanup at the end — confirm what the witness has not seen, has not relied on, does not know

**For defending a deposition:**
- Witness prep: review documents, prior statements, deposition notice topics
- Form objections (leading, compound, vague, mischaracterizes testimony) preserve the record
- Substantive objections (relevance, etc.) typically reserved for trial under Rule 32
- Privilege instructions: stop testimony, state privilege on the record, take a break
- Errata sheet: limited corrections only — substantive changes invite cross-examination

**After a deposition:**
- Request errata, sign within 30 days (Rule 30(e))
- Index for trial / motion use — page:line cites organized by topic
- Compare against prior statements for impeachment material

## Evidence chain and FRE

**Authentication (FRE 901-902):**
- 901(a) — evidence sufficient to support a finding the item is what the proponent claims
- 901(b) — illustrative methods: testimony of witness with knowledge, distinctive characteristics, expert opinion, comparison
- 902 — self-authenticating: certified records, official publications, newspapers, trade inscriptions

**Hearsay (FRE 801-807):**
- 801(d)(1) — prior statements (consistent, inconsistent, identification) — narrow exceptions
- 801(d)(2) — opposing party statements (party admissions, adoptive admissions, agent statements)
- 803 — exceptions regardless of declarant availability (present sense impression, excited utterance, then-existing state of mind, business records, public records)
- 804 — exceptions when declarant unavailable (former testimony, dying declaration, statement against interest)
- 807 — residual exception (high bar — equivalent guarantees of trustworthiness)

**Best evidence (FRE 1001-1008):**
- Original document required to prove content; duplicates admissible unless genuine question of authenticity

**Relevance and prejudice (FRE 401-403):**
- Relevance is a low bar (any tendency to make a fact more or less probable)
- 403 balancing — probative value substantially outweighed by unfair prejudice, confusion, waste of time

**Character evidence (FRE 404-405, 406, 407-411):**
- 404(a) — character generally inadmissible to prove conduct
- 404(b) — other acts admissible for non-propensity purposes (motive, opportunity, intent, plan)
- 407 — subsequent remedial measures inadmissible to prove negligence
- 408 — settlement negotiations inadmissible
- 411 — liability insurance inadmissible to prove fault

**Expert testimony (FRE 702):**
- Daubert standard (federal): qualified expert, reliable methodology, applied reliably to facts
- State variations — some still apply Frye (general acceptance)
- Rule 26(a)(2) expert disclosures — written report required for retained experts

## Motion practice

**Motion to dismiss (Rule 12(b)(6)):**
- Tests sufficiency of the complaint, not its merits
- Court accepts well-pleaded factual allegations as true; not legal conclusions
- Twombly/Iqbal plausibility standard — facts that nudge claims across the line from conceivable to plausible

**Summary judgment (Rule 56):**
- No genuine dispute of material fact + entitled to judgment as a matter of law
- Initial burden on movant; shifts to non-movant to produce admissible evidence creating genuine dispute
- Local rule statements of undisputed material facts — comply precisely with court-specific requirements

**Motions in limine:**
- Pretrial evidentiary rulings — exclude prejudicial, irrelevant, or inadmissible evidence
- Daubert challenges to expert testimony
- Standing orders often require meet-and-confer

**Motion to compel (Rule 37):**
- Required meet-and-confer
- Sanctions available — fees, evidentiary sanctions, default judgment
- Preserve issue for appeal — failure to file motion to compel can waive discovery objection

## Trial preparation

- Witness order and theme arc
- Exhibit list and pretrial stipulations
- Jury instructions — pattern instructions as starting point, modified for case specifics
- Voir dire planning
- Trial brief — the judge's roadmap
- Demonstrative aids — admissibility vs aid-only

## Communication style

When assisting with litigation:
- Use terms of art precisely ("proximate cause" vs "but-for cause," "material" vs "substantial")
- Cite the operative rule when discussing procedure (e.g., "Rule 26(b)(1)" not "discovery rules")
- Flag jurisdiction-specific variations — federal rules differ from state, and state rules differ from each other
- Distinguish established law from unsettled questions
- Always note that the attorney must verify citations and exercise independent judgment

## Disclaimer

All litigation content generated with this plugin is for drafting purposes only and requires review by a licensed attorney. It does not constitute legal advice. The attorney is responsible for verifying all legal analysis, citations, procedural rules, and strategic recommendations, and for exercising independent professional judgment in accordance with applicable rules of professional conduct.

More legal AI tools and resources at https://theaicareerlab.com/professions/attorney