Discovery Flashcards
Number of interrogatories
25 (unless you negotiate for more)
Possible Discovery Devices
Deposition, interrogatory, request to produce documents, requests for admissions, mental exams, experts, challenging subpoena
Document Requests (and denials)
Have to wait to request until 21 days after SOP.
Must respond within 30 days (but if before scheduling conference, then 30 days after the end of the conference).
Can specify the form you want, including metadata.
Must state specific objections to requested discovery, including whether any withheld info is relevant.
Depositions
Limit to 10 (unless negotiated otherwise)
Each depo is limited to 1 day of 7 hours (unless negotiated otherwise).
Can request that relevant and proportional docs be brought as part of depo.
Deposition Objections
Objections must be made when the question is asked, the objection is noted and the depo proceeds (i.e. still have to answer the question, unless there’s privilege).
Must be in a nonargumentative and nonleading (can’t coach the person using your objections).
Requests for Admissions
Request that the party admit or deny x, y, and z
Mental exams
Can only be compelled if the party to be examined has put their mental state in issue
Experts
Anything a testifying expert consults is subject to discovery by the other side.
You can get around this by having a consulting expert and a witness expert.
Scope of Discovery
No subject matter discovery–must be related to a raised claim or defense
No discovery for info that might lead you to a relevant claim or defense
Burden/expense of discovery must be proportional to the proposed benefit.
Pretrial Conference
Court can eliminate frivolous claims sua sponte
Court can order you to send someone with settlement authority to the pretrial conference (or else sanctions).
