Discovery

Question 1

What is shielded from discovery?

Answer 1

1. Attorney-Client Privilege
2. Work Product Privilege (Hickman v. Taylor).
3. Experts who are not going to testify (Spirit Master Funding, LLC v. Pike Nurseries Acquisition, LLC).

Question 2

What is Attorney-Client Privilege?

Answer 2

Attorney-Client Privilege is anything said between the attorney and the client.

Question 3

What is Work Product Privilege?

Answer 3

Work Product Privilege shields anything put together in anticipation of litigation from being discoverable (Hickman v. Taylor).

Question 4

Are experts who are going to testify discoverable?

Answer 4

Experts who are going to testify are discoverable, but experts who are not going to testify are not (Spirit Master Funding, LLC v. Pike Nurseries Acquisition, LLC).

Question 5

What rule governs the scope and limits of discovery?

Answer 5

FRCP 26(b).

Question 6

Do any cases weigh in on this?

Answer 6

Thompson v. Dept. of HUD makes it so that the relevance and proportionality of requested discoverable information is weighed.

Question 7

What is the first step of the Discovery Timeline?

Answer 7

FRCP 26(f) Conference

Question 8

What happens during the FRCP 26(f) Conference?

Answer 8

You discuss the discovery plan with the other side and if it goes really well, you agree, you let the court know, and then you don’t see the judge again until it’s time for summary judgment.

Question 9

How much involvement should the court have during Discovery?

Answer 9

The court should have minimal, if any, involvement during Discovery.

Question 10

What is the second step of the Discovery Timeline?

Answer 10

FRCP 26(a)(1) Disclosures

Question 11

What happens during FRCP 26(a)(1) Disclosures?

Answer 11

During FRCP 26(a)(1) disclosures, you produce all initial, automatic disclosures that you have to produce.

Question 12

What is included in the FRCP 26(a)(1) initial, automatic disclosures?

Answer 12

1. Names of all witnesses
2. Copy of insurance agreements

Question 13

What is the third step of the Discovery Timeline?

Answer 13

Use of Discovery Tools.

Question 14

What are the Discovery Tools?

Answer 14

FRCP 34: Document Requests

FRCP 33: Interrogatories

FRCP 36: Admissions

FRCP 27-32: Depositions

FRCP 35: Examinations

FRCP 26(a)(2): Experts

FRCP 26(a)(3) Disclosures

Question 15

What is covered by FRCP 34: Document Requests?

Answer 15

1. Papers
2. Electronically Stored Information (ESI) such as Social Media Accounts and Hard Drives to get access to the information on the hard drives.

Question 16

What is covered by FRCP 33: Interrogatories?

Answer 16

Written requests for information that are responded to by lawyers, not by clients.

Question 17

What is covered by FRCP 36: Admissions?

Answer 17

Requests for admission are just simple statements responded to with admit/deny.

These are really good at authenticating documents (e.g., admitting this document you signed is the contract you signed).

Question 18

What is covered under FRCP 27-32: Depositions?

Answer 18

They’re videotaped, oral testimony under oath with the client.

They’re very good to get evidence and the only real chance to get really damaging information from a client (read: case-ending information).

Question 19

What is covered by FRCP 26(a)(2): Experts?

Answer 19

You can have experts come in to help explain information to the jury.

Question 19

What is covered by FRCP 35: Examinations?

Answer 19

Physical examinations, but this requires permission of the court.

Question 20

What is covered by FRCP 26(a)(3) Disclosures?

Answer 20

Pre-trial, automatic disclosures that you have to disclose.