Discovery Flashcards
What are the discovery tools (list 5)
Depositions, interrogatories, requests to produce, medical exam, request for admission
Depositions
Live testimony given under oath. Usually recorded by sound or video.
Serve notice of deposition on party; subpoena non-party.
Cannot make a nonparty travel more than 100 miles form where she lives.
Can be used to impeach any deponent at trial. Can be used for any purpose if deponent is adverse party. Can be used for any purpose if deponent is unavailable.
If I want to depose someone with knowledge on an issue but do not know the identity of that person, what can I do?
Serve notice of deposition on adverse party and describe matters for examination. Adverse party must send someone with knowledge.
Limits on deposition?
Cannot depose someone twice unless court approves. No more than 10 depositions. No more than 7 hours at a time.
Interrogatories
Written questions to be answered in writing under oath within 30 days of service.
No more than 25 questions.
Sent ONLY to parties, never non-parties.
What are initial required disclosures?
- Identity of people and documents you have within your control that will support your case.
- Computation of relief
- Liability insurance
Must be disclosed within 14 days after Rule 26(f) conference, even if no party asks for disclosure.
Disclosure of expert witnesses vs. consulting experts.
Identity of expert witnesses planned to be use by party at trial must be disclosed along with written report by expert witness detailing: opinions, bases for opinions, facts used, qualifications, how much EW is being paid.
Payment amount to EW set BY COURT.
Consulting experts and their opinions generally do NOT have to be disclosed.
Required pretrial disclosure?
Identities of witnesses to testify live or by deposition and documents/ESI/things to be introduced at trial must be disclosed NO LATER THAN 30 DAYS BEFORE TRIAL
Requests to Produce
Requests to make documents or things available for review or copying, or to permit entry on property for inspection. Serve request on parties, subpoena non-parties. Must respond within 30 days of receiving.
Requests for Medical Exam
Requesting party MUST seek court order. Can only request adverse party or someone within adverse party’s custody/control (like a child) to undergo exam.
Must show good cause for exam and person’s health is in controversy.
Request for admission
Written request that someone admit things. Often used to authenticate documents. Eg. “admit that this is a contract.”
Sent to parties only, never to non-parties.
