Discovery Flashcards
Initial disclosure: (2 things)
Names, numbers, addresses of ppl with discoverable info
Docs that might be used to support claims or defenses
More initial disclosures include ___ and ___.
Computation of relief with supporting documents; insurance coverage
Consulting experts’ info is generally [discoverable/not discoverable].
Not discoverable
EWs have to disclose identity of, and written report prepared by EW which must include:
Opinions Bases for opinion Facts used to form opinions Qualifications How much EW is being paid
No later than ___ before trial, parties must give detailed info about trial evidence.
30 days
Generally, party cannot send discovery requests to another until after the ____.
Rule 26(f) conference
____ can be deposed.
Both parties and nonparties
Non-parties must be served with a [notice/subpoena], unlike parties, who must be served with [same choice].
Subpoena
Notice
No more than ___ depositions unless court orders, or the parties stipulate, otherwise.
10
Max number of interrogatories absent a court order/stipulation: ___.
25 (including subpart)
Must answer an interrogatory within ___.
30 days of service
To get a medical exam, need to show:
Person’s health is in actual controversy
and
Good cause
Written response to request for admissions must be made within ___ and must include one of these options for each fact:
30 days
Deny, deny knowledge, object, or admit
Duty to supplement if:
New facts come to light if it makes already-given discovery incomplete or incorrect
Work product is prepared ____ and is ___.
In anticipation of litigation; protected
Work product can be something prepared by ___, ___, or ____.
An attorney; the party herself; representative of the party like a private investigator
You can get work product if you show that there is a ___ and that you ___.
Substantial need for it; cannot get the info otherwise without undue hardship
Opinion work product consists of ___ and is ___.
Mental impressions, conclusions, opinions, or legal theories; completely protected
The identity of witnesses [is/is not] discoverable. A party’s own statement [is/is not] discoverable.
Is
Is
Party moving for a protective order must ____.
Certify that she tried in good faith to resolve the issue w/o court involvement
After a partial failure to respond, this is the sanctions process:
(And what’s the exception?)
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
Dismissal or default judgement after no response to an order to compel is only if a party acts ___.
In bad faith
