Discovery

Question 1

what are the required initial disclosures (and timing)? (4)

Answer 1

within 14 days of R26(f) conference…
1) IDs of persons w/ discoverable info that the party may use to support her claims/defenses
2) docs/things party may use to support claims/defenses
3) computation of relief + supporting docs
4) insurance that may cover all/part of judgment in the case

Question 2

what is the rule for expert witness disclosures?

Answer 2

each party must ID any EWs who may provide testimony at trial (mere consulting experts are NOT required to be disclosed)

Question 3

what else must be disclosed in the expert witness report? (5)

Answer 3

1) opinions that EW will express
2) bases for opinions
3) facts used to form basis for opinions
4) EW’s qualifications
5) how much they’re being paid

Question 4

what is the effect of failing to disclose an expert witness?

Answer 4

party cannot use the EW in the case unless the failure was justified or harmless

Question 5

what are the required pre-trial disclosures (and timing)?

Answer 5

no later than 30 days before trial…
parties must give detailed info about their trial evidence:
- ID of witnesses who will testify live (or by depo/docs)
- docs/ESI
- anything else they intend to introduce at trial

Question 6

what is the general rule for the timing of discovery requests?

Answer 6

parties cannot send discovery requests to each other until AFTER the R26(f) conference

Question 7

what is the one exception to the general rule on timing of discovery requests?

Answer 7

requests for production (RFPs) can be served earlier (once 21 days has passed since service of process – treated like it was served at R26(f) conference)