Discovery Flashcards
What is discoverable?
Anything relevant. Must be proportionate to the need.
Work Product Doctrine
Codified. Not absolute and can be overcome.
o Distinguished from attorney client privileged, only client and counsel which is absolute.
o Must produce privilege log if claiming privilege
Experts
o Less formal rules regarding experts
o Do not have required disclosures, have to ask for it
o Interrogatories ID expert witnesses and reports.
Duty to supplement
Only if fact not correct, not incomplete.
Exception, discovery of new witnesses must be disclosed.
Protective orders
Discovery can be limited by a protective order if:
1. oppressive and
2. unnecessarily embarrassing
Deposition
- Attorney and client cannot take breaks to discuss strategy
o One exception is if it is a question about privilege.
o Cannot instruct not to answer unless its privileged or embarrassing
Interrogatories
- In writing, under oath
- No limit to the number in DE rule
- Time to answer 20 days
o 45 days if with or right after service
Production of Docs
Similar to federal rule.
- In the form requested, unless too burdensome
o Produced in the format documents are maintained.
Physical or Mental Exam
Only of a party, only on a court order, and only when in actual controversy with good cause
- Examined party entitled to report
Subpoena
Gets info from non-party, prothonotary’s office has form subpoenas, will give party that subpoena, fills it out and then delivers it
- If it calls for known, embarrassing or privileged info – motion to quash
- More protection given to third parties than parties in the action.
Remedies for failure to make discovery
Motion to Compel
Sanctions
Protective order
No response v. inadequate response
o No response: can go to court and compel.
o If inadequate must confer with opposing party.
Failure to preserve relevant evidence
Can be sanctioned if:
o Should have preserved and was probably harmful to case.
o Can be for fees and costs for undue delay
