Discovery

Question 1

What is the scope of discovery?

Answer 1

Anything RELEVANT to the claim/defense AND PROPORTIONAL to the needs of the case.

Question 2

What initial disclosures are required?

Answer 2

•ID of parties with discoverable info

•Docs and things to support claim

•Insurance

•Computation of relief and supporting docs

Question 3

Are consulting experts discoverable ?

Answer 3

No unless there are exceptional circumstances

Question 4

Are expert witnesses discoverable?

Answer 4

Yes. Must disclose ID and written report (opinion, basis, facts used, payment, and qualifications)

Question 5

What is work product protection?

Answer 5

Material produced by the attorney, party, or representative in anticipation of litigation

Question 6

What work product has absolute
privilege?

Answer 6

Opinions, mental impressions, legal theories, etc.

Question 7

What is qualified work product?

Answer 7

Work produce that may be discovered if there is a substantial need or undue hardship.

Question 8

FRCP 26(c)

Answer 8

Allows for sanctions of improper certified discovery requests that lack substantial justification