DISCOVERY

Question 1

Discovery

Answer 1

Discovery is the process by which parties to litigation exchange facts, documents, or tangible things related to the case.

Question 2

Types of Discovery

Answer 2

1. General discovery (material is discoverable if requested and if material requested satisfies the elements)
2. Mandatory discovery (a party must disclose to the other parties without awaiting request)

Question 3

General Discovery - Elements

Answer 3

1. Non-privileged matter
2. Relevant
3. Proportional to Needs of Case
4. No limitation applies

Question 4

Mandatory Discovery - Types

Answer 4

1. Initial Mandatory Disclosures (witnesses w/ discoverable info, subject of info, documents and tangibles related to case, damages, insurance)
2. Expert Testimony (only if intended to testify at trial
3. Supplementals and Corrections (when party learns info disclosed incomplete or mistaken)
4. Pretrial disclosures (witnesses expected to call, list of depo testimony, list of exhibits)

Question 5

E-Discovery - Elements

Answer 5

1. Organized and labeled
2. Produced in form requested
3. No duty if burden or costly
4. Duty to preserve

Question 6

Discovery Disputes & Sanctions - types

Answer 6

1. motion to compel
2. motion for PO
3. motion for sanctions for failure to comply w/ discovery order
4. motion for sanctions for failure to disclose or supplement response
5. motion for sanctions for party’s failure to make admission
6. motion for sanctions for party’s failure to attend own depo, serve answers to ROGS, or respond to RPD.