Civil Procedure 47-52 Flashcards
A party is permitted to conduct a deposition of any person/party so long as it’s what?
Limited to one day of no more than 7 hours; AND
Proper notice is given.
*A subpoena is NOT required to depose an opposing party.
Priority: Low
During discovery in Federal court, what type of non-privileged information may a party obtain?
Information that is:
Relevant to any party’s claim or defense; AND
Proportional to the needs of the case.
*In California courts, a party may obtain any information that is relevant to the subject matter involved in the pending action.
Priority: HIGH
How may a non-party respond when served with a Subpoena Duces Tecum?
They may respond with a motion to quash or a written objection refusing to produce the documents requested.
If such motion is filed, the burden shifts to the subpoenaing party to establish the need for discovery.
Priority: Low
Discovery in Federal Courts
Under Rule 37(e), when may a party be sanctioned for failing to preserve ESI?
When:
The ESI should have been preserved in anticipation of litigation;
The party failed to take reasonable steps to preserve it; AND
It cannot be restored or replaced through additional discovery.
Priority: N/A
Discovery in Federal Courts
Under Rule 26(g), when signing any discovery document (besides disclosure) what must a party certify?
That it is:
Consistent with the Federal Rules of Civil Procedure and is non-frivolous;
Not being presented for any improper purpose; AND
Not unreasonable, unduly burdensome, or expensive considering the case, issues at stake, and prior discovery.
Priority: N/A
Discovery in Federal Courts
What must be disclosed in the Rule 26(a) Initial Disclosure?
Contact information of individuals likely to have discoverable information and what the info may be;
A copy or description of all documents, ESI, and items a party may use to support its claims or defenses;
Computation of each category of damages claimed by the disclosing party; AND
Any insurance agreements that may be liable to satisfy a possible judgment in the action.
*The disclosures MUST be made within 14 days of the rule 26(f) conference.
Priority: N/A
