CivPro: Discovery and Sanctions Rules

Question 1

kinds of mandatory disclosures

Answer 1

(1) initial disclosures
(2) expert testimony disclosures
(3) pretrial disclosures

Question 2

mandatory initial disclosures (4)

Answer 2

(1) names, addresses, and contact info of people who might have info
(2) documents supporting own claims or defenses
(3) computation of damages
(4) insurance info if might cover all or part of liability

Question 3

time for initial disclosures

Answer 3

within 14 days of discovery conference

Question 4

expert testimony disclosure

Answer 4

final report, basis of conclusions, qualifications, compensation, etc.; NOT drafts

Question 5

time for expert testimony disclosure

Answer 5

at least 90 days before trial OR, if rebuttal expert, 30 days after other side’s disclosure

Question 6

pretrial disclosures

Answer 6

(1) name, address, and phone of all witnesses
(2) designation of witnesses testifying by deposition
(3) identification of documents and exhibits being offered as evidence

Question 7

time for pretrial disclosures

Answer 7

30 days before trial

Question 8

cannot seek discovery before…

Answer 8

the discovery conference

Question 9

spoliation of evidence

Answer 9

negligent or intentional destruction of evidence required for discovery

Question 10

attorney work product

Answer 10

materials prepared by an attorney in preparation for litigation are privileges UNLESS substantial need and cannot obtain by other means without undue hardship

Question 11

discovery of report of nontestifying expert…

Answer 11

not permitted unless it is impracticable to obtain the information by any other means

Question 12

failure to participate in discovery conference

Answer 12

after opportunity for hearing, court may order payment of reasonable expenses, including attorney’s fees, due to the failure

Question 13

limitations on depositions

Answer 13

ten total; one day of seven hours per

Question 14

deposing an entity

Answer 14

entity has duty to designate someone to depose; notice must include matters being questioned about;

Question 15

limitations on interrogatories

Answer 15

twenty-five; only on other party

Question 16

failure to comply with court order re: discovery

Answer 16

any sanction that is “just,” such as
- directing matters be taken as established
- barring certain defenses or claims
- staying proceedings
- dismissing claims
- rendering default judgment
- holding party in contempt

Question 17

failure to attend deposition

Answer 17

payment of reasonable expenses incurred

Question 18

failure to make automatic disclosures

Answer 18

not permitted to use undisclosed documents or witnesses UNLESS nondisclosure was harmless OR substantially justified

Question 19

failure to admit

Answer 19

reasonable expenses incurred in proving the matter

Question 20

failure to preserve electronically stored information (spoliation of evidence)

Answer 20

permitted only if info cannot be restored or replaced
if intent to deprive of info, may order:
- adverse presumption,
- jury instruction on adverse presumption, OR
- default judgment

Question 21

standard of review for sanctions

Answer 21

abuse of discretion

Question 22

attorney’s certification of pleading

Answer 22

(1) no improper purpose
(2) legal contentions are warranted
(3) factual contentions have or will likely have evidentiary support
(4) denials of factual contentions are warranted or reasonably based on lack of info

Question 23

initiation of sanctions

Answer 23

sua sponte, which requires order to show cause
OR by motion of other party, after 21-day safe harbor

Question 24

types of non-discovery-based sanctions

Answer 24

(1) nonmonetary directives
(2) payment of penalty to court
(3) if by motion and necessary for deterrence, payment of all or part of other party’s expenses resulting from violation