Chapter 13 (Introduction to Discovery)

Question 1

Interrogatories

Answer 1

Written questions sent from one party

Question 2

Depositions

Answer 2

Oral questions asked by one party to another during the discovery stage

Question 3

Informal Discovery

Answer 3

Basically being a Private Investigator

Question 4

Common Discovery Sequence

Answer 4

1. Interrogatories
2. Requests to produce and subpoenas
3. Depositions of parties, witnesses, and experts
4. Physical and mental examinations
5. Requests to admissions
6. Exchange of expert trial witness information

Question 5

Six Discovery Devices

Answer 5

1. Interrogatories
2. Requests to Produce
3. Depositions
4. Physical and Mental Examinations
5. Requests for Admissions
6. Exchange of Expert Trial Witness Information

Question 6

Request to Produce

Answer 6

A written request by one party to another seeking formal permission to obtain copies of records, documents, and other tangible items for inspection, copying, and testing.

Question 7

Physical or Mental Examination of A Party

Answer 7

Can be obtained if the party’s physical or mental condition is in issue

Question 8

Request for Admissions

Answer 8

Written statements that force a party to admit or deny a fact or a document’s genuineness

Question 9

Exchange of Expert Trial Witness Information

Answer 9

Allows any party, after the initial trial date is set, to obtain a list of the names of expert witnesses, the reports and writings of the expert and information concerning the testimony of the expert witness

Question 10

Computerized Litigation Support

Answer 10

1. Conducting Research
2. Locating information about parties and witnesses
3. Organizing Discovery

Question 11

Scope of Discovery

Answer 11

Code of Civil Procedure 2017.010 controls the scope of discovery (any party may discover “any matter, not privileged, that is relevant to the subject mattter involved in thepending action.”

Question 12

Experts

Answer 12

1. Testifying experts
2. Consulting experts
3. Informally consulted experts

Question 13

Electronically Stored Information

Answer 13

Relating to tecnology having electrical, digital, magnetic, wireless, optical eltromagnetic, or similar capabilities