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Federal Civil Procedure > Discovery > Flashcards

Discovery Flashcards

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Civil Procedure 1L flashcards
1
Q

Initial required disclosures is…

A

information parties must give up before the opposing party requests it.

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2
Q

Parties must give up:

A
  1. The names, telephones, and addresses of people with discoverable information that may be used ti support claims or defenses; and
  2. Documents and things that may be used to support claims or defenses;
  3. Computation of damages;
  4. Insurance coverage.
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3
Q

HYPO: employee sues company alleging company wrongfully fired employee because of her age. Company has an internal memo suggesting the employee’s age was the basis of the firing. Must the company disclose the existence of the memo in its required disclosures?

A

No – will not be used to support the company’s case.

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4
Q

If a party fails to disclose required informaiton, the party may not…

A

be able to use the undisclosed materal unless the failure to disclose was substantially justified or harmless.

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5
Q

Pretrial disclosures are…

A

Information parties are required to exchange about evidence and witnesses they will be offering at trial.

At least 30 days before trial.

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6
Q

Parties cannot send discovery requests to each other until after…

A

the rule 26(f) conference.

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7
Q

To take a deposition of a party, you must serve a…

A

notice of deposition.

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8
Q

To take deposition of a nonparty, you should serve a…

A

notice of deposition and subpoena.

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9
Q

Unless a nonparty agrees otherwise, they cannot be required to travel more than…

A

100 miles from their place of employment or home for a deposition.

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10
Q

A deposition of an organization may be taken after a party serves…

A

notice of the deposition.

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11
Q

A party cannot take more than ____ depositions.

A

10

without court approval.

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12
Q

Depositions may be used at trial to:

A
  1. Impeach the deponent;
  2. Any purpose if the deponent is an adverse party; or
  3. Any purpose if the deponent is unavailable for trial.
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13
Q

Interrogatories are…

A

written questions to be answered by a party under oath.

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14
Q

The maximum number of interrogatories able to be served in federal court is…

A

25, including subparts.

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15
Q

Interrogatories must be answered in federal court within…

A

30 days from their service.

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16
Q

Parties must answer interrogatories based on information…

A

reasonably available to them.

17
Q

Contention interrogatories are…

A

interrogatories that inquire about legal contentions.

18
Q

Requests for production asks a party…

A

to make available for review and copying documents and things.

19
Q

Disclosing parties must respond to requests for production within…

A

30 days of service of the request.

20
Q

A court may order a party or a person in the party’s custody to undergo a…

A

medical exam.

21
Q

To obtain a medical exam, a requesting party must show that:

A
  1. The person’s health is in controversy; and
  2. That there is good cause for the exam.
22
Q

Is an employee in the custody or legal control of a party?

A

No

23
Q

Requests for admissions are …

A

written requests that the opponent admit facts.

24
Q

Responding parties must respond to RFAs within…

A

30 days from service.

25
Q

RFAs must be answered by…

A

denying, denying knowledge, objecting, or admitting.

reasonable inquiry must be made before answering.

26
Q

A party serving discovery must sign, certifying that the request is…

A
  1. Warranted;
  2. Not for improper pupose; and
  3. Not unduly burdensome.
27
Q

The scope of discovery in federal court is…

A

anything relevant to a claim or defense and proportional to the needs of the case.

28
Q

Work product can sometimes be discoverable if the requesting party can show:

A
  1. Substantial need; and
  2. Undue hardship getting the material any other way.

Qualified work product

29
Q

Opinion work product is…

A

never discoverable.

30
Q

To withhold discovery, one must…

A
  1. Claim the protection expressly; and
  2. Prepare a privilege log.
31
Q

A privilege log must…

A

explain the privileged material in enough detail that the judge can determine if the material is privileged or not.

Federal Civil Procedure (13 decks)

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