discovery Flashcards
scope of discovery
non privileged, relevant matter
limitation on discovery
no undue burden
when is work product discoverable
substantial need
cant get it without undue hardship
work product
doc made in anticipation of litigation
depositions
no limit to amt
atty must be present
admissible at trial if declarant dead or out of state
deposition timing
after commencement of action
deposition - notice to party
reasonable notice of time/place
deposition - notice to nonparty
must be subpoenaed
deposition - location for party
where suit pending
deposition - location for non party
where they live, work, or PPB
time to respond to discovery tools in VA
21 days
if not, deemed admitted
mental exam
relevant to case
court permission
interrogatory limit
30
request for production of docs limit
none
request for admission limit
30
how do you enforce this stuff?
move for order to compel
what if party fails to comply w/ discovery
court deems matters admitted
strike pleadings
hold in contempt
default judgment
pay atty fees
when can court hold you in comtempt
obstruct justice
vile conduct
when is depo evidence admissible?
W out of state or unavailable
Nate
