Discovery

Question 1

There should be disclosure of all information which is ______ and _____ to the prosecution or defense of an action.

Answer 1

MATERIAL AND NECESSARY. As defined in Adon, this means any facts bearing on the controversy
which will assist preparation for trial by sharpening the issues and reducing delay and prolixity. In that case, testing Mother’s IQ is not appropriate in test for lead based paint ingestion by her infant.

Question 2

Upon request, you must identify the expert(s) you reasonably expect to call at trial and disclose certain information. What is disclosed?

Answer 2

the subject matter on which
each expert is expected to testify, the substance of the facts and opinions on which each expert is
expected to testify, the qualifications of each expert witness and a summary of the grounds for each
expert’s opinion

Question 3

In med mal, you offer up your expert for oral examination to the other parties. Those other parties must respond to your request within __ days for it to be an acceptance. If they accept, you get ____

Answer 3

20, disclosure and oral examination of their own expert.

Question 4

You must make available any accident report made _____________, but not those which are _______.

Answer 4

in the regular course of business/ solely for litigation

Question 5

Discovery before commencing the action is appropriate when __________. And inappropriate when ________.

Answer 5

You need to preserve evidence/You need to determine whether you have a cause of action at all.

Question 6

You (need/don’t need) a court order for pre action disclosure.

Answer 6

Need.

Question 7

You (need/don’t need) a court order for disclosure during the trial.

Answer 7

Need.

Question 8

A protective order can do what for you during discovery?

Answer 8

Delay disclosure until the court has had an opportunity to rule on the permissibility of it, or in the event that it’s already been disclosed, the court can suppress it to make sure it isnt used at the trial.