Discovery Flashcards
True or False: In GDC, there’s no discovery as a general matter.
TRUE.
How can a party compel a witness’s attendance at trial?
Through either a subpoena or a subpoena duces tecum.
What’s a subpoena duces tecum?
An order requiring the recipient to appear before court and to bring certain specified documents relevant to the proceeding with them.
Federal court requires disclosures. Does Virginia Circuit Court?
No.
In federal court, you have 30 days to respond to an interrogatory. In Virginia, you have __________ days.
21 days.
In federal court ,you can serve a maximum of 25 interrogatories w/o court permission. In VA, ________ interrogatories may be served, including subparts.
30.
True or false: There’s no rule limit on the number of depositions allowed in VA.
TRUE.
In VA, like in Federal Court, requests for production are not sent to non-parties. So how can you get the materials that you want?
By using a subpoena duces tecum, which you request in writing from the clerk of court, with notice to all parties.
An attorney can also issue a subpoena or subpoena duces tecum as an officer of the court. She must ___________ and ______________.
File a copy of the subpoena with the court; serve a copy on all parties.
The material sought through discovery must be ______________ to the subject matter of the pending action.
Relevant
In the discovery context, “relevant” means:
Reasonably calculated to lead to admissible evidence.
A party who anticipates that her response to a discovery request will require her to produce ESI must:
Propose a discovery protocol for ESI.
How soon after being served with the request must the party propose an ESI protocol?
21 days after being served with the request; 28 days if the request accompanied the complaint.
What happens if the other party doesn’t agree to the ESI protocol?
The parties must make a good faith effort to meet within 15 days to work it out.
Can a party seek discovery of another side’s insurance coverage, even though this could not be admitted at trial?
Yes. In federal court, this is part of required disclosure.
