Discovery Flashcards
list (4)
What do parties need to disclose to each other
- identities of parties with discoverable info ie phone, address, names
- documents that parties might use to support their defense
- how relief was computed
- if insurance will cover part or all of judgement
if a party fails to disclose necessary material about the expert witness what happens to the EW
expert witness cannot be used in case unless failure was harmless or justified
how many days before trial must parties share discovery materials
no later than 30 days before trial
party and nonparty
who needs to be served/not served with a subpoena to compel deposition attendance?
if no subpoena is used then what is used?
party - no subpoena, notice of deposition is enough
nonparty- need subpoena
what are interrogatories
written questions to be answered in writing under oath
who are interrogatories sent to? not sent to?
sent to parties
NEVER sent to nonparties
max number of interrogatories
25 questions
how many days must interrogatories be answered in
30 within service
a party must answer interrogatories based on
information reasonably available….so have to do some HW
unlike a deposition
must respond to request to produce in how many days
30 days
list (2)
court order required to compel someone to submit to a medical exam, requesting party must show
- person’s health is in controversy
- good cause for compelling the medical exam
a party can discover anything that is
relevant to the claim or defense and proportional to needs of the case
work product that is prepared in anticipation of litigation is
protected
when can work product be discovered
and what is this also known as
if party requesting can show a substantial need and undue hardship in obtaining the materials in an alternative way
aka qualified work product
what work product is absolutely protected no matter what
opinion work product ie mental impressions, conclusions, opinions, legal theories
