Discovery Flashcards
in general that parties may obtain discovery
2
any matter not privileged that is relevant to the subject matter in the pending action
-it does not matter if the information will be admissible at trial as long as reasonably calculate to lead to admissible evidence
In N.C. what are the mandatory disclosures that are required?
There are none, all information must be requested
Discovery extends only to matter “not privileged.”
-The established privileges are:
(4)
- self-incrimination
- physician patient privilege
- attorney client privilege
- spousal privilege
“Relevance” is given a very broad interpretation. It does not matter that the information will be inadmissible at trial as long as the information sought:
is reasonably calculate to lead to admissible evidence
Are insurance agreements discoverable?
A party can discover the existence and contents of a liability insurance agreement.
Information concerning the insurance is not, however, thereby made admissible.
The Work Product Doctrine covers two types of materials?
- Qualified Protection for Materials Prepared in Anticipation of Litigation
- Absolute Protection for the Thoughts and Mental Impressions of the Attorney
The general rule for Qualified Protection for Materials Prepared in Anticipation of Litigation
-Exception (2)
the tangible materials not discoverable (documents and tangible things prepared for litigation) –> however, the facts underlying the materials are discoverable
Unless, opposing party can show 1. substantial need (e.g. witness is unavailable) \+ 2. Undue hardship
In determining whether “undue hardship” exists, the court will consider:
(3)
All about cost
- The cost of obtaining the material of the source
- Financial Hardship of seeking it
- likely hood an alternative can be obtained
Absolute Protection for the Thoughts and Mental Impressions of the Attorney
There is absolute immunity from discovery protects the mental impressions, conclusions, opinions or legal theories of an attorney or other representative of a party concerning the litigation.
-never discoverable
Discoverable information of experts who will testify?
4
- Name
- Subject Matter they will testify to
- Substance of facts and opinions
- Summary of grounds for facts and opinions
≠ have to give up expert report
Discoverable information of experts who will not testify?
-no requirements for disclosure
When are protective orders necessary?
to “make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.”
Protective orders may limit the discovered information permitted to be disclosed at trial or limit certain areas as being undiscoverable at all, such as trade secrets.
A party has no duty to supplement an earlier response to include information thereafter acquired, except
(4)
if sought in discovery
- you find out about a witness that you want to call
- new expert witnesses
- find that something you said is incorrect
- court orders
Every discovery request, response or objection thereto must be:
Signed by the attorney
(1) it is consistent with the Rules of Civil Procedure and warranted by the law or a good-faith argument for changing the law;
(2) it is not interposed for any improper purpose; and
(3) it is not unreasonable or unduly burdensome or expensive
Methods of Discovery
- Oral Depositions
- Depositions upon Written Questions
- Interrogatories to Parties
- Production of Documents or Things and Entry upon Land
- Physical or Mental Examination
- Requests for admissions
