Discovery

Question 1

Mandatory initial disclosures

Answer 1

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

Question 2

Disclosure of Expert Witnesses

Answer 2

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

Question 3

Pretrial disclosures

Answer 3

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

Question 4

Generally, you can discover anything that might be admissible at trial or

Answer 4

anything that might lead to something that will be admissible in trial

Question 5

Discovery is limited to matters that

Answer 5

Are proportional to the needs of the case

Question 6

2 exceptions to discovery

Answer 6

1) Anything covered by an evidentiary privilege is not discoverable

2) Work products rule

Question 7

Something is a work product when

Answer 7

It was made in preparation for litigation

Question 8

You can only obtain work product when

Answer 8

There is a need for thing and the information cannot be obtained elsewhere

Question 9

You can always get a

Answer 9

copy of your own statements whether you are a party or a mere witness

Question 10

You can never discover the

Answer 10

mental impressions of a lawyer

Question 11

In Federal court you are limited to ___ depositions without leave of court

Answer 11

10 and each one is limited to one day of 7 hours

Question 12

Any kind of notice for a deposition suffices for a party. However,

Answer 12

notice must be given to a non party via a subponea

Question 13

Subponea Duces Teceum

Answer 13

Summons a witness to bring to items with her

Question 14

The Deposition of an adverse party is

Answer 14

admissible as an admission of a party opponent

Question 15

A deposition of a witness can be used to

Answer 15

impeach that witness

Question 16

Interrogatories

Answer 16

are questions in writing to be answered under oath.

Question 17

Unless the court allows more, a party is limited to ____ interrogatories

Answer 17

25

Question 18

Interrogatories may only be used against a

Answer 18

party

Question 19

A discovery request for the production of documents and things must

Answer 19

1) be described with particularity and

2) Response is due within 30 days

Question 20

Physical and mental examination

Answer 20

Only available against a party, when the party’s physical/mental condition is at issue, and only for good cause sown

Question 21

Request for admission

Answer 21

Failure to respond within 30 days is an admission. Admissions are binding in litigation but have no preclusive effect

Question 22

Enforcement Sanctions

Answer 22

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

Question 23

Electronically stored information

Answer 23

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