Discovery Flashcards
What is the difference between state and federal w/r/t scope of discovery?
State: reasonably calculated to lead to discovery of admissible evidence
Federal: any non-privileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case
What are the three main goals of discovery?
- Investigation
- Story development
- Ethos
Why is ethos a goal?
A robust discovery practice demonstrates competence, preparedness, and aggressiveness.
What are two less savory goals of discovery?
- Drive up expense for the other side
- Harassment - waste their time
What are 5 forms of discovery?
- Disclosures (automatic)
- Interrogatories
- Requests for production and inspection
- Requests for admissions
- Depositions
What is an interrogatory?
A question asked in writing to an opposing side demanding a sworn answer; there is an option to produce records of any given interrogatory.
How are requests for production and inspection different from disclosures?
Disclosures are automatic. Requests for production and inspection pull on specific rules to urge further discovery revelation.
What is a request for admission?
You want to make the other side recognize the truth of a fact, and make their recognition binding.
What is a deposition?
Pre-trial sworn testimony with both sides and counsel present.
How are depositions set?
By notice for parties and by subpoena for non-parties.
How long can a deposition last?
No longer than six hours on the record.
What’s different about objections between state and federal?
State - can only object to form
Federal - many more objections at play
What are 4 ways depositions can be used?
- Investigation
- Material for cross/impeachment
- To test new facts
- To test what deponent knows
