Discovery Flashcards
What is the scope of discovery?
Matters sought to be discovered must be relevant or reasonably calculated to lead to relevant matters. Doesn’t have to be admissible at trial so long as it will lead to admissible evidence.
What is work product?
Documents or other tangible things prepared in anticipation of trial by or for another party or his representative. Generally not discoverable
What are the two categories of work product?
Factual work product and opinion work product
What is factual work product?
Facts pertaining to the case
What is opinion work product?
Attorney’s mental impressions of the case
When is factual work product discoverable?
Upon a showing of substantial need for the information for case preparation and can’t get it otherwise without undue hardship
When is opinion work product discoverable?
Usually never, even if factual work product is discoverable
What is required for a deposition to be videotaped?
Notice must inform that it will be videotaped
How do you depose a non-party?
Subpoena
What is a subpoena duces tecum?
Compels the deponent to bring to the deposition specific papers
How long does a deponent have to assemble documents for a subpoena duces tecum?
30 days
How is a deposition recorded?
In writing by a stenographer
How can a party get a copy of the deposition transcript?
Not provided automatically, but any party can order one at their expense
What right does a witness have to their deposition transcript?
A witness can review the transcript and modify the form and substance of their testimony
What is the effect of objections at a deposition?
Evidence at a deposition is taken subject to objections, but the objections aren’t generally waived if they aren’t raised
What objections MUST be raised at a deposition otherwise they are waived?
(1) defects in the notice of the deposition
(2) defects in the qualifications of the court reporter
(3) irregularities or defects in the deposition itself
A deponent may only be properly advised not to answer is three situations:
(1) to preserve a privilege
(2) outside the scope of the deposition
(3) if the deposition is being conducted in bad faith
How can deposition transcripts be used at trial?
Subject to the rules of evidence for 3 reasons:
(1) to proffer testimony
(2) to impeach
(3) to refresh memory
A deposition transcript can be used as substantive evidence at trial if:
(1) The deponent was an adverse party or witness or
(2) The deponent is unavailable (didn’t show up); deponent is further than 100 miles; or they’re outside FL
What can a party do instead of providing an answer to an interrogatory?
the answering party may produce documents that provide the answers
What are the possible responses to a request for admission?
Admit, deny, a reason why you can’t admit or deny, objection
When can a party request that the other party submit to an examination by a qualified expert?
When the mental/physical condition of the party is at issue
Do mental/physical exams require leave of court?
Physical exams - no leave of court
Mental exams - must get leave of court
