Model Jury Instructions for Surety Cases

Because the surety's claims against the various subrogation defendants may
actually be substantive claims for breach of contract or negligence, discovery by
the surety may also be more substantive in nature, and directed to the particular
allegations at issue. For example, if the surety's contract claim against the obligee
involves changes, extra work, or delay, then the surety's discovery will focus on
those allegations and the substantive facts, documents, and theories supporting
them.