Discovery Flashcards
Unless a court order or stipulation of parties says otherwise, within 14 days of the Rule 26(f) conference, what must each party disclose?
(1) Identities of people who have discoverable info that you may use to support your claims or defenses.
(2) Documents and things you may use to support your claims or defenses.
(3) Computation of relief and documents/ESI supporting it.
(4) Insurance coverage
What must each party disclose about expert witnesses?
Identity of those who may be used at trial. The written report must include: opinions EW will express bases for the opinions facts used to form the opinions EW's qualifications and how much EW is being paid.
Required pretrial disclosure
No later than 30 days before trial, you must give detailed information about trial evidence, including the identity of witnesses to testify live or by deposition and documents/ESI/things to be introduced at trial.
Deposition
Live testimony in response to questions by counsel or pro se parties.
What can you use depositions for?
Impeach deponent
Any purpose if deponent is adverse party
Any purpose if deponent is unavailable for trial, unless that absence was procured by the party seeking to introduce the evidence.
Interrogatories
Sent only to parties, never to nonparties.
Requests to produce
Request that someone make available for review and copying documents or things, including electronically stored information, or to permit you to enter designated property to inspect, measure, etc. The person must respond in writing within 30 days of service, stating that the material will be produced or asserting objections.
What must you show to get a medical exam court ordered?
(1) the person’s health is in actual controversy;
(2) “good cause”
Request for admission
Sent only to parties; never to nonparties
Rule 11
Every discovery request and response is signed by counsel certifying: it is warranted, not interposed for an improper purpose, and not unduly burdensome.
Absolute work product that cannot be discovered
(1) mental impressions, (2) opinions, (3) conclusions, and (4) legal theories
What must you do if you withhold discovery or seek a protective order based on privilege or work product?
Claim the protection expressly and describe the materials in detail.
What should you do if you inadvertently produce privileged or protected material?
Notify the other party promptly.
What can the court do if it grants a protective order?
Deny discovery; limit discovery; or permit it on specified terms.
What can you do if the other party gives less than a full response?
Move for an order compelling the party to answer the unanswered questions, plus costs of bringing motion.
