Discovery Flashcards
Mandatory initial disclosures
1) Names and Address of persons with potentially discoverable info
2) Copies or descriptions of relevant documents or things
3) Computation of damages
4) Applicable insurance agreements
Disclosure of Expert Witnesses
1) Names of experts that will be called at trial
2) Qualifications, publications, opinions, information on which they will base their opinons, other cases in which they have testified and compensation
Pretrial disclosures
30 days before, list of witnesses and exhibits.
Any objection must be made within 14 days after disclosure or they are waived unless excused for good cause
Generally, you can discover anything that might be admissible at trial or
anything that might lead to something that will be admissible in trial
Discovery is limited to matters that
Are proportional to the needs of the case
2 exceptions to discovery
1) Anything covered by an evidentiary privilege is not discoverable
2) Work products rule
Something is a work product when
It was made in preparation for litigation
You can only obtain work product when
There is a need for thing and the information cannot be obtained elsewhere
You can always get a
copy of your own statements whether you are a party or a mere witness
You can never discover the
mental impressions of a lawyer
In Federal court you are limited to ___ depositions without leave of court
10 and each one is limited to one day of 7 hours
Any kind of notice for a deposition suffices for a party. However,
notice must be given to a non party via a subponea
Subponea Duces Teceum
Summons a witness to bring to items with her
The Deposition of an adverse party is
admissible as an admission of a party opponent
A deposition of a witness can be used to
impeach that witness
Interrogatories
are questions in writing to be answered under oath.
Unless the court allows more, a party is limited to ____ interrogatories
25
Interrogatories may only be used against a
party
A discovery request for the production of documents and things must
1) be described with particularity and
2) Response is due within 30 days
Physical and mental examination
Only available against a party, when the party’s physical/mental condition is at issue, and only for good cause sown
Request for admission
Failure to respond within 30 days is an admission. Admissions are binding in litigation but have no preclusive effect
Enforcement Sanctions
The court can immediately impose sanctions in 3 instances
1) Failure to attend one’s own deposition
2) Failure to respond to interrogatories
3) Failure to respond to request for documents or things
Electronically stored information
If lost through unreasonable conduct of a party, the court may order measures to cure the prejudice to the other party . If the material was destroyed with the intent to prejudice the other party, the court may instruct the jury to presume that the information was unfavorable, or even to end the litigation
