Discovery

Question 1

Does the evidence requested during discovery have to be admissible at trial?

Answer 1

no

Question 2

Is discovery liberal?

Answer 2

Yes.
There is favor for handing things over
Think about why this is (why we have a lenient pleading standard and why it makes sense to have very broad discovery standard in our system)

Question 3

Discovery is ______-driven

Answer 3

party

Question 4

Required Initial Disclosure

Answer 4

Things that must be handed over whether they ask or not

Question 5

Deposition

Answer 5

• Learn new info or obtain admissible evidence to use against
• Can depose parties AND NON-PARTIES (must have a subpoena for non-parties)

Question 6

Interrogatories

Answer 6

• Limited to 25
• Limited to PARTIES ONLY

Question 7

Document Requests

Answer 7

• No limit
• CAN serve on non-parties

Question 8

Medical and Physical Examinations

Answer 8

• Rubber Glove Rule
• Only demand of PARTIES
• Need court order
• If the medical condition is in controversy and a good cause for the exam – good cause is limited if this evidence could be obtained in an other way
• Much tougher to get examinations because they are an invasion

Question 9

Med & Phys Examinations are _____-driven

Answer 9

court

Question 10

Discovery Served on Parties vs Non-Parties

Answer 10

Parties
- Deposition
- Interrogatories
- Document requests
- Medical and physical examination (court ordered)

Non-Parties
- Deposition (w/ subpoena)
- Document requests

Question 11

Request for Admission

Answer 11

Rule 36

• Ask other party to admit or deny something or EXPLAIN WHY it cannot admit or deny
• If do not respond = deemed admitted

Question 12

Experts

Answer 12

Two Types

1. Experts retained for testifying in trial (diva)
   - Must issue report about opinion
   - Must disclose!
2. Experts retained in anticipation of trial (consulting)
   - Discovery limited
   - Only can get that if it is IMPRACTICAL for the other party to obtain the facts on their own (extraordinary circumstances)

Question 13

Limits on Discovery

Answer 13

Rule 26(b)(2)(C)

• Discovery cannot be sought when it means to annoy, harass, or be expensive

Question 14

Privilege (Two Types)

Answer 14

1. Attorney-client
   - Confidential communication between attorney and client regarding legal advice
   - In our class –> this is ABSOLUTE PROTECTION for attorney-client privilege
2. Work Product
   Rule 26(b)(3)
   - Attached to info gathering to party’s agents in anticipation of litigation
   i) Fact-work product - can get with substantial need and inability to achieve without undue hardship (Hickman v. Taylor – Example: witness statement where witness is dead or move away to different jurisdiction)

      ii) Opinion work product - mental impressions of attorney regarding litigation (for us ABSOLUTE PROTECTION)

Question 15

In regard to privilege, underlying fact are/are not protected?

Answer 15

NOT PROTECTED