Discovery Flashcards

1
Q

Initial disclosure: (2 things)

A

Names, numbers, addresses of ppl with discoverable info

Docs that might be used to support claims or defenses

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2
Q

More initial disclosures include ___ and ___.

A

Computation of relief with supporting documents; insurance coverage

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3
Q

Consulting experts’ info is generally [discoverable/not discoverable].

A

Not discoverable

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4
Q

EWs have to disclose identity of, and written report prepared by EW which must include:

A
Opinions
Bases for opinion
Facts used to form opinions
Qualifications
How much EW is being paid
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5
Q

No later than ___ before trial, parties must give detailed info about trial evidence.

A

30 days

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6
Q

Generally, party cannot send discovery requests to another until after the ____.

A

Rule 26(f) conference

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7
Q

____ can be deposed.

A

Both parties and nonparties

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8
Q

Non-parties must be served with a [notice/subpoena], unlike parties, who must be served with [same choice].

A

Subpoena

Notice

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9
Q

No more than ___ depositions unless court orders, or the parties stipulate, otherwise.

A

10

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10
Q

Max number of interrogatories absent a court order/stipulation: ___.

A

25 (including subpart)

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11
Q

Must answer an interrogatory within ___.

A

30 days of service

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12
Q

To get a medical exam, need to show:

A

Person’s health is in actual controversy
and
Good cause

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13
Q

Written response to request for admissions must be made within ___ and must include one of these options for each fact:

A

30 days

Deny, deny knowledge, object, or admit

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14
Q

Duty to supplement if:

A

New facts come to light if it makes already-given discovery incomplete or incorrect

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15
Q

Work product is prepared ____ and is ___.

A

In anticipation of litigation; protected

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16
Q

Work product can be something prepared by ___, ___, or ____.

A

An attorney; the party herself; representative of the party like a private investigator

17
Q

You can get work product if you show that there is a ___ and that you ___.

A

Substantial need for it; cannot get the info otherwise without undue hardship

18
Q

Opinion work product consists of ___ and is ___.

A

Mental impressions, conclusions, opinions, or legal theories; completely protected

19
Q

The identity of witnesses [is/is not] discoverable. A party’s own statement [is/is not] discoverable.

A

Is

Is

20
Q

Party moving for a protective order must ____.

A

Certify that she tried in good faith to resolve the issue w/o court involvement

21
Q

After a partial failure to respond, this is the sanctions process:

(And what’s the exception?)

A

1) Requesting party moves for an order compelling discovery
2) Opposing party fails to respond to this court order
3) Court can enter “merits” sanctions and/or be held in contempt

Exception: no contempt for refusal to submit to medical exam

22
Q

Dismissal or default judgement after no response to an order to compel is only if a party acts ___.

A

In bad faith