Discovery

Question 1

Mandatory disclosures include:

Answer 1

1. names and addresses of persons with discoverable information
2. copies/descriptions of relevant documents or things
3. computation of damages
4. applicable insurance agreements

Question 2

Mandatory disclosure of expert witness information:

Answer 2

1. Names of experts to be called at trial
2. qualifications, or info on which opinion is based
3. other cases in which they have testified
4. compensation

Question 3

Mandatory disclosure 30 days before trial includes

Answer 3

1. list of witnesses
2. list of exhibits

Note any objections must be made 14 days after disclosure, or they are waived unless excused by the court for good cause

Question 4

Is the scope of discovery limited to admissible evidence?

Answer 4

No, you can discover anything that might be, or might lead to something admissible.

Question 5

Can the court limit discovery?

Answer 5

Yes, discovery is limited to matters that are proportional to the needs of the case.

The court can consider wether the burden or expense outweighs the discovery’s likely benefit.

Question 6

What are the two exceptions to the discovery rule generally?

Answer 6

1. anything covered by an evidentiary privilege (ie lawyer-client privilege).

These are not admissible and not discoverable.

AND

2. Work product rule - defined in other card.

Question 7

Work product rule definition for discovery.

Answer 7

Protects:
1. Documents and things (not information)
2. Prepared in anticipation of litigation or for trail.
3. By or for another party or the party’s rep.

Question 8

The work product doctrine creates a qualified immunity what can be overcome by:

Answer 8

1. a real need for the document or thing
2. that the info. cannot be discovered in another way.

Question 9

What can you always get an never get in discovery? two things.

Answer 9

1. You can always get a copy of your own statements, wether you are a party or a witness.
2. You can never discover the mental impressions of the lawyer.

Question 10

Discovery for expert can be different depending on if:

Answer 10

The expert will be called to testify at trial.

Question 11

If the expert will testify at trial then:

Answer 11

Official expert reports are always discoverable.

Allows other side to prep cross.

Can discover compensation, the facts, dat, and assumptions provided to the expert by the lawyer.

Question 12

If the expert will not testify at trial then:

Answer 12

No discovery is allowed absent exceptional circumstances

Question 13

Food good cause shown in its discretion, the court may

Answer 13

Issue a protective order that justice may require.