Discovery Flashcards
Four initial disclosures?
Identities of persons who have discoverable info that you may use to support your claims or defenses.
Documents and things you may use to support your claims or defenses (copies or descriptions)
Computation of monetary relief and documents/ESI supporting it
Insurance coverage that might cover all or part of the judgmeny
Each party is required, at a time directed by the court, to identify which expert witnesses?
Those who may be used at trial
Does a party need to disclose the identity of consulting experts?
no
When and only when will facts known and opinions held by consulting experts be discoverable?
When circumstances are exceptional.
What two things must a party disclose with respect to expert witnesses who will be used at trial?
ID
Written report prepared by them
The expert’s written report must include what 5 things?
Opinions he will express
Bases for the opinions
Facts to be used to form the opinions
His qualifications
How much he is being paid
Can a party take the dep of an EW to be used at trial?
Yes
If a party plans to depose an EW, he must do what two things?
Subpoena
Pay
Earlier drafts of the EW report are/aren’t work product.
Are
Communications between the lawyer and the EW are/aren’t privileged.
Are
An EW qualifies as such if . . .
Because of his skill or training, may give opinion testimony AND is hired to render an opinion in this case.
What effect if a party fails to identify an EW and provide the required info? Exceptions (2)?
Can’t use UNLESS failure to do so if:
Justified; or
Harmless
No later than ___ days before trial, a party must give detailed info about trial evidence.
30 days
When can a party FIRST request discovery?
After the Rule 26(f) conference
Is a deponent required to review all relevant files and notes before the dep?
No.
A deponent must testify from . . .
Present recollection
Can you take the dep of a non party?
Yes, but subpoena.
To take the dep of a party, just serve this. . .
Notice of dep.
If you want a deponent to bring requested materials, file what?
Subpoena duces tecum
Unless a nonparty agrees, what is the farthest she can be required to travel?
100 miles from residence or employment.
If you want to take a dep of some employee, but your not sure who, what two courses of action?
Request ID of person in rogs and then depose them; or
Notice the dep and describe the matters for examination—employer must produce the right person.
Numerical limit on deps?
10
When can you depose the same person twice?
Court approval
Depositions cannot exceed one day of ___ hours unless the court orders or parties stipulate.
7
3 uses of dep at trial?
Impeach the deponent
Any purpose if the deponent is an adverse party
Any purpose if the deponent (regardless of whether a party) is unavailable for trial, unless the absence was procured by the party seeking to introduce.
What purpose can a dep be used for an adverse party?
Any
What purpose can a dep be used for a unavailable non-party?
Any
Can rogs be served on nonparties?
No.
How long does a person to respond with answers or objections to rogs?
30 days from service.
A person answering a Rog must answer how?
From info reasonably available to them.