discovery

Question 1

process of discovery

Answer 1

1) initiate - met and confer, initial disclosures, scheduling

2) conducting discovery

Question 2

mandatory meet and confer

Answer 2

parties must meet at least 21 days before the scheduling conference to:
1) discuss claims, defenses, and settlement
2) develop a plan for discovery

Question 3

material is discoverable if:

Answer 3

1) non-privileged
2) relevant to a claim
3) proportional to needs of the case

Question 4

types of privileges recognized

Answer 4

1) attorney-client
2) work product
3) physician-patient
4) clergy-penitent
5) marital
6) journalist-source
7) 5th Amend. privilege against self-incrimination

Question 5

initial disclosures

Answer 5

1) sources of discoverable information
2) computation of damages claimed
3) any insurance agreement that may be used to satisfy all/part of a judgment

Question 6

expert disclosures

Answer 6

experts who may be used at trial must be identified at least 90 days before trial

Question 7

pretrial disclosures

Answer 7

parties must give detailed info about evidence to be used at trial at least 30 days before trial

Question 8

interrogatories

Answer 8

written questions proposed by one party to an opposing party; deadline for response is 30 days

Question 9

scope of depositions

Answer 9

may cover any issue within the scope of discovery; deponent’s counsel may object to questions but deponent is still required to answer

Question 10

requirements to invoke attorney-client privilege

Answer 10

party must demonstrate that the communication was:
1) made between client and counsel
2) intended to be and was, in fact, kept confidential
3) was made for the purpose of obtaining or providing legal advice

Question 11

work product privilege rule

Answer 11

items prepared in anticipation of litigation or for trial are not discoverable unless the opposing party shows:
1) substantial need for material; and
2) inability, without undue hardship, to obtain the substantial equivalent of materials by other means

Question 12

protective order

Answer 12

a court order limiting discovery of material; sought by party seeking to prevent disclosure

can be issued for good cause

Question 13

motion to compel

Answer 13

a party may move for an order compelling discovery or disclosure of requrested material; often arises when discoveree claims withheld ma