Compliance Gradient #37
Definition
Structure technique · Tier Expert
In a motion seeking multiple forms of relief, ordering the requests from most clearly established (undisputable rule, obvious violation) to most aggressive. The court resolves the clear items first, so the more discretionary request arrives on a record where the determinations that support it have already been made.
Example
(1) Direct compliance with existing disclosure rules (undisputable), (2) Direct service of the overdue discovery response (clear rule, clear violation), (3) Find the non-production willful (legal determination, but facts are documented), (4) Preclude the withheld evidence at trial (discretionary, but preceded by three supporting determinations).
Anti-pattern
Leading with "Preclude all of Respondent's evidence and strike its answer" — the most discretionary and ambitious request first.
Why it's expert
The natural instinct is to lead with the most important request. The expert instinct is to lead with the most grantable request. Ordering from clearest to most discretionary lets the court resolve the easy items first and reach the harder one on a record where the supporting determinations are already made. The ambitious request — which might be denied if presented cold — arrives after the findings that support it.