discovery

Question 1

what stuff is discoverable?

Answer 1

not privileged

relevant

proportional to needs of case

Question 2

when is work product discoverable

Answer 2

substantial need

cannot obtain without undue hardship

Question 3

what shit is absolutely immune from discovery

Answer 3

mental impression

conclusions

legal opinions

Question 4

what must you provide if expert is testifying

Answer 4

ID

expert must prepare report

Question 5

what if expert is not testifying

Answer 5

discoverable only in exceptional circumstance

Question 6

what is the duty to supplement

Answer 6

atty must supplement incomplete or wrong info in a timely manner

Question 7

deposition

Answer 7

party or non party

written or oral

if non party - subpoena

limited to 10

Question 8

can i depose someone more than once?

Answer 8

not without court permission

Question 9

interrogatories

Answer 9

party only

25

Question 10

request for admission

Answer 10

no limit

failure to respond in 30 days = admission

Question 11

physical or mental exam

Answer 11

must be at issue

court order

good cause

Question 12

when can you object to a request?

Answer 12

info is irrelevant

Question 13

when would you issue a protective order

Answer 13

to stop discovery for embarrasing or harassing

Question 14

when would you seek an order to compel?

Answer 14

party not complying with discovery

Question 15

when can you seek immediate sanctions before seeking order to compel

Answer 15

failure to respond to own deposition, request for production, or respond to interrogatory

Question 16

are the parties required to have a “conference of parties”

Answer 16

yes

must submit discovery plan

Question 17

is a scheduling conference required?

Answer 17

yes

must issue scheduling order within 90 days of filing complaint

no mod unless good cause

Question 18

is a final pretrial conference required?

Answer 18

no

if you have one, court must issue pretrial order

only mod to prevent manifest injustice

Question 19

TRO

Answer 19

no notice

immediate irreparable harm

expires in no more than 14 days

Question 20

preliminary injunction

Answer 20

notice and hearing required
irreparable harm

Question 21

can you respond to an interrogatory w/ BA records?

Answer 21

yes if

burden of finding answer substantially the same

they can examine and copy the records

Question 22

when is expert testimony timeline

Answer 22

90 days

Question 23

when is pretrial disclosure timeline

Answer 23

30 days

Question 24

when should you object to pretrial discover

Answer 24

within 14 days of disclosure