Discovery

Question 1

What is discovery?

Answer 1

Fact finding process after the pleading stage is complete but before a trial. Purpose is to resolve cases on their merits and facts.

Question 2

What rules govern discovery?

Answer 2

26, 30, 33, 34, 35, and 37

Question 3

What are the 3 types of discovery devices and what rule governs each?

Answer 3

Interrogatories (Rule 30), Oral Depositions (Rule 33), and Mental/Physical Exams (Rule 35)

Question 4

What does Rule 26 cover?

Answer 4

Initial Disclosures that are required to be made by both parties at the beginning of a case. The scope is generally all documents that are “relevant” and “non privileged”.

Question 5

What is attorney-client privilege?

Answer 5

A party responding to a discovery quest may state this privilege to protect the information from being discovered. They are communications between an attorney and their client or prospective client made in confidence in connection with legal advice.

Question 6

What is the work-product doctrine? What is its purpose?

Answer 6

Notes, thoughts, mental impressions of attorneys that are protected from discovery. Purpose is to incentivize attorneys to do their best job without fear of what the other party will discover.

Question 7

What is privilege? What are the two types?

Answer 7

Protection awarded to documents/information that prevents the other party from accessing it. Attorney-client and work-product privilegies must be raised by the party responding to the discovery request.

Question 8

What is the case to cite for privilege?

Answer 8

Hickman v. Taylor