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FRCP > Discovery > Flashcards

Discovery Flashcards

1
Q

Hickman holding

A

purpose of discovery is mutual knowledge of all the relevant facts gathered by parties

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2
Q

Discovery reduces the possibility of __

A

surprise at trial

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3
Q

Rule 16 is about

A

pretrial conference

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4
Q

Pretrial conference is the __

A

gateway to discovery

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5
Q

16a

A

Court may order pretrial conference for …

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6
Q

16b2

A

judge must issue scheduling order, unless good cause for delay within whatever earlier :90 days after any D served or 60 days after any D has appeared

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7
Q

Rule 16 doesn’t account for __

A

motion to dismiss 12b6

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8
Q

Courts are given ___ for pretrial conferences

A

broad discretion

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9
Q

rule about discovery

A

26

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10
Q

26(a)(1) is about

A

required initial disclosures

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11
Q

26(a)(1)

A

each party must disclose the witnesses they plan to call, documents they plan to sue, damages they seek/how calculated and their insurance 14 days after 26f

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12
Q

26(b) is about

A

discovery scope and limits

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13
Q

26(b)

A

Discovery is permitted of any unprivelged matter relevant to claim/defense of any party and proportional to the needs of the case

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14
Q

26(b) factors for proportionality

A

(6) importance of issues at stake, amount in controversy, relative access to info, party resources, importance of discovery in resolving the issues, whether burden outweighs its likely benefit

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15
Q

26(c) is about

A

protective orders

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16
Q

26(c)

A

Court may issue order to protect party/person from annoyance, embarassment, oppression, or undue burden of expense by forbidding/limiting discovery

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17
Q

26(f) is about

A

conference of the parties/planning for discovery

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18
Q

26(f)(1)

A

parties must confer as soon as practicable (unless ct says otherwise) or at least 221 dyas before r16 conference

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19
Q

Information within the scope of discovery does not need to be ___

A

admissible in evidence in order to be discoverable

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20
Q

Rule 37 is about

A

failure to make disclosures or cooperate in discovery/sanctions

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21
Q

37(a)

A

A party may move for an order compelling disclosure of discovering, moving party bears initial burden to prove opposing party’s answer incomplete, if satisfied burden shifts to non-movant to show why discovery should not be permitted

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22
Q

37(b)(2)

A

Court can impose sanctions, including attorney’s fees, on person who impedes, delays or frustrates fair examination of a deponent

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23
Q

37(c)(2)

A

Objections during a deposition must be noted on the record but examination still proceeds. A person may instruct deponent not to answer only when necessary to enforce limit order by court, or preservice a privelege

24
Q

Oxbow is about

A

discovery proportionality/motion to compel

25
Q

Oxbow definition of importance of issues at stake

A

significance of issues in philosophic, social or institutional terms

26
Q

Oxbow defintion of amount in controversy

A

compare with cost

27
Q

Oxbow defintion of relative access

A

Look for information assymmetry, burden of discovery heavier on party with more information

28
Q

Oxbow definition of resources

A

make sure it isn’t war of attrition

29
Q

Oxbow defintion of importance in resolving the issues

A

whether issues at stake are at very heart of litigation

30
Q

Oxbow defintion of burden outweighs likely benefit

A

combine all previous factors into final CBA

31
Q

Oxbow rule

A

Presumption under FRCP is that producing party bears cost of complying with discovery request. Court may only shift when a request would unduly burden producing party

32
Q

Oxbow holding

A

P compelled to add CEO for discovery, all factors point in favor

33
Q

Oxbow reason 1

A

issue important because could impact wide range of third parties

34
Q

Oxbow reason 2`

A

Cost not excessive in comparison to huge potential recovery

35
Q

Oxbow 3

A

P more info on this topic

36
Q

Oxbow 4

A

P doesn’t have inability to pay

37
Q

Oxbow 5

A

Important in resolving the main issue

38
Q

Oxbow 6

A

Cost shifting analysis basically the same

39
Q

Oxbow implies that some litigation

A

not as important as other

40
Q

Alley is about

A

discovery on discovery, protective order

41
Q

Alley rule 1

A

Fed courts will not compel a party to disclose its discovery process from another case without any showing of bad faith or unlawful withholding of documents

42
Q

Alley rule 2`

A

Party from whom discovery is sought may move for a protective order when a clearly defined or serious injury will result without one

43
Q

Alley holding

A

protective order granted

44
Q

Alley reasoning 1

A

issues are important (serious injuries to consumers) and corp does have more resources but other factors outweigh

45
Q

Alley reason 2

A

Cost of compliance roughly same as amount in controversy

46
Q

Alley 3

A

P could seek out info on their own

47
Q

Alley 4

A

documents not vital, burden doesn’t outweigh costs

48
Q

Alley critique

A

Discovery not usually filed with court so may not actually be easy for P to find

49
Q

Strategy in Alley vs Oxbow

A

Alley move for protective order, Oxbow responding party objected to request and requestors filed motion to compel

50
Q

Interpretation of importance of issues Alley vs. Oxbow

A

Alley court focused on seriousness of injury to P, but Oxbow focused on impact on society

51
Q

Interpretation of importance in resolving the issues A vs. O

A

Alley ask if it was vital/necessary to resolution, Oxbow asked if at heart of litigation

52
Q

Rule 30 is about

A

depositions

53
Q

30(b)(6)

A

A party can name a corp, org as deponent. The org must then designate someone to testify on its behalf

54
Q

Under 30, Corporation has a duty to prepare witnesses to ___ but ___ doesn’t mean failed to comply

A

answer all questions about designated topic fully and without evasion, inability to answer every Q

55
Q
A

FRCP (18 decks)

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