Discovery

Question 1

Rule 26(a)(1)

Answer 1

Initial Disclosures.

required automatically without request
:: name / contact info of witnesses to support claim or defense
:: copies of documents to support claim or defense
:: computations of damages claimed showing how calculated
:: insurance agreements that might absorb some of cost

Question 2

Rule 26(a)(2)

Answer 2

Discovery Timing

:: Documents. start demand after 14 days of 26(f) conference
:: Experts. 90 days prior to trial
:: PretrialDisclosures. 30 days prior to trial

Question 3

Rule 26(b)

Answer 3

Limits & Scope

(1) relevant and proportional to needs of case. limit by amount in controversy, access to information, and burden or expense
(2) nothing unreasonable to access. frequency set by rule for each discovery type
(3) excludes documents or things limited by privilege
:: lawyer’s work product, experts draft reports
:: can recall privileged information sent in error

Question 4

Rule 26(c)

Answer 4

Protections from Discovery

(1) party can motion outside scope of discovery. court can cancel demand for discovery or order cost-sharing
(2) objections for privilege must say how and why privileged, or why witness not available

arguments pause discovery times until resolved by court

Question 5

Rule 26(g)

Answer 5

Bad discovery requests done to harass or delay can be hit with sanctions

Question 6

Rule 37

Answer 6

Failure to Disclose or Comply with Discovery

(a) party can file Motion to Compel with court to force compliance after making attempt to resolve with party first. Court can order compliance if no good reason to refuse.
(b) failure to comply with court-ordered discovery gets sanctions depending on seriousness of failure
:::::: Cine 42nd St: gross professional negligence, bad faith, and
willfulness deserve harshest sanctions

Question 7

Rule 26(f)

Answer 7

Discovery Conference

parties must meet 21 days before and set discovery schedule

discovery starts based on judge’s order, starting at 14 days after conference

Question 8

Rule 30

Answer 8

Depositions

Limits: 10 per side
Against: party or non-party with proper notice
Time: after 26(f) conference
Type: oral, written (no cross or followups)

Objections are noted but witness must answer UNLESS question is on a privileged matter, where the depo stops until they get a judge ruling

Question 9

Rule 33

Answer 9

Interrogatories.

Limits: 25 questions per side, including subparts
Against: party ONLY
Time: after 26(f) conference. answer due in 30 days
Type: written with documents provided in support

Objections must be stated with specificity within 30 days

Question 10

Rule 34

Answer 10

Requests for Production

Against: party ONLY
Time: after 26(f) conference
Type: written answers and documents or can be used for inspection of real property or chattels

Question 11

Rule 35

Answer 11

Examinations: Physical/Mental

::ordered by the court
:::if competency or nature of injuries questioned
::::applicable to parties and those under their control
(incapacitated or a minor)

Question 12

Rule 36

Answer 12

Request for Admissions

::provide opposing with statements of fact or opinion and ask for
agreement to be admitted to the record.
:::opposing must object within 30 days or statements are
deemed admitted

Question 13

Rule 45

Answer 13

Subpoena

Against: party or non-party with proper notice
Time: after 26(f) conference
Type: oral, can also request produce documents or things for trial

Question 14

Why do we have a Discovery process?

Answer 14

system based on notice pleadings

large portion of litigation in US is discovery work