discovery Flashcards
what stuff is discoverable?
not privileged
relevant
proportional to needs of case
when is work product discoverable
substantial need
cannot obtain without undue hardship
what shit is absolutely immune from discovery
mental impression
conclusions
legal opinions
what must you provide if expert is testifying
ID
expert must prepare report
what if expert is not testifying
discoverable only in exceptional circumstance
what is the duty to supplement
atty must supplement incomplete or wrong info in a timely manner
deposition
party or non party
written or oral
if non party - subpoena
limited to 10
can i depose someone more than once?
not without court permission
interrogatories
party only
25
request for admission
no limit
failure to respond in 30 days = admission
physical or mental exam
must be at issue
court order
good cause
when can you object to a request?
info is irrelevant
when would you issue a protective order
to stop discovery for embarrasing or harassing
when would you seek an order to compel?
party not complying with discovery
when can you seek immediate sanctions before seeking order to compel
failure to respond to own deposition, request for production, or respond to interrogatory
are the parties required to have a “conference of parties”
yes
must submit discovery plan
is a scheduling conference required?
yes
must issue scheduling order within 90 days of filing complaint
no mod unless good cause
is a final pretrial conference required?
no
if you have one, court must issue pretrial order
only mod to prevent manifest injustice
TRO
no notice
immediate irreparable harm
expires in no more than 14 days
preliminary injunction
notice and hearing required
irreparable harm
can you respond to an interrogatory w/ BA records?
yes if
burden of finding answer substantially the same
they can examine and copy the records
when is expert testimony timeline
90 days
when is pretrial disclosure timeline
30 days
when should you object to pretrial discover
within 14 days of disclosure
