Informal Discovery Clause Samples
The Informal Discovery clause establishes a process for parties to exchange information and documents relevant to a dispute without resorting to formal legal procedures. Typically, this clause requires both sides to cooperate in sharing evidence, such as contracts, emails, or other records, before initiating litigation or arbitration. Its core practical function is to encourage transparency and potentially resolve issues more efficiently by allowing parties to clarify facts and narrow disagreements early, thereby saving time and reducing legal costs.
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Informal Discovery. As part of the meet and confer process, the parties may exchange relevant documents and/or other information and engage in informal discovery in an attempt to resolve the issues raised in the Notice given pursuant to Section 6.1(a) or 6.1(b). Such informal discovery may include, but is not limited to, exchange of additional information or supporting documentation.
6.2 Meet and Confer. Within forty-five (45) days of receipt of a Notice provided pursuant to Sections 6.1(a) or 6.1(b), Claimants and First Union shall informally meet and confer and attempt to resolve the issues raised in the Notice.
Informal Discovery. 45. Plaintiffs and Defendants have engaged in meaningful informal discovery and will continue to do so as needed to carry out the terms of this Agreement. Defendants will cooperate with Class Counsel by making available to Class Counsel, their experts, and the Settlement Administrator the data and any related documents necessary to the identification of Settlement Class Members and their damages, the provision of notice, and the distribution of the Settlement Fund. Such information shall be provided by Defendants within ten (10) days of preliminary approval.
Informal Discovery. As part of the meet and confer process, the parties shall exchange relevant documents and/or other information and engage in informal discovery in an attempt to resolve the issues raised in the Notice given pursuant to section 9.1(a) or 9.1(b). Such informal discovery may include, but is not limited to, interviewing witnesses and experts and exchange of additional information or supporting documentation. Any disagreement about information to be provided shall be handled pursuant to the provisions of this section.
Informal Discovery. 46. Plaintiffs and Defendant have already engaged in meaningful formal and informal discovery. Defendant will continue to cooperate with Class Counsel and the Settlement Administrator by making available current and/or last-known email and address information for the Class Members as well as an indication of whether each Class Member is a Current Customer or Former Customer, as set forth in paragraph 53, infra.
Informal Discovery. As part of the meet and confer process, the
Informal Discovery. 1. Within sixty (60) days following Court approval, the CRM Individuals agree to make themselves available for an interview(s) by the Board and/or its counsel at mutually agreed upon times and locations.
2. At such an interview or interviews, the CRM Individuals agree to respond informally to questions respecting their interactions with and amongst the non-settling defendants in this case, the trustees of the CRM Trusts, Employer Participants in the CRM Trusts, and other entities and individuals associated with the CRM Trusts, as well as other topics germane to the allegations contained in the Board’s verified complaint as they relate to the non- settling defendants. To the extent that the responses of the CRM Individuals reference documents that are either in the possession or under the control of the CRM Individuals and not already in the possession of the Board, the CRM Individuals shall produce said documents within a reasonable time after the interview or interviews. It is acknowledged and understood that the foregoing list of topics is not exclusive.
3. To the extent that they have not already done so, the CRM Individuals shall provide a copy of its non-privileged documents relating to the CRM Trusts to the Board. The cost of providing documents shall be borne by the CRM Individuals.
4. The CRM Individuals shall not be required to incur expenses outside the ordinary course of its business, for example, travel to locations other than the Board’s offices located in Albany, Buffalo, or New York City, or substantial copying costs. Special arrangements may be made as is agreed upon by the Parties.
5. This section does not apply to formal discovery in the CRM actions.
6. The CRM Individuals agreement to be available for interviews related to the CRM Actions shall not constitute a waiver by them of any of their legal rights and privileges. The responses to the Board’s questions by the CRM Individuals shall not be given under oath, shall not be recorded or transcribed, and no formal stenographic record shall be made of such responses, unless otherwise agreed to by the parties in writing.
Informal Discovery. “Informal Discovery” is defined in Paragraph 17.e of this Agreement.