Discovery

Question 1

Scope of discovery

Answer 1

any non-privileged matter deemed to be relevant to the subject matter of the case

Question 2

Do matters sought in discovery need to be admissible?

Answer 2

No, as long as they will likely lead to admissible evidence

Question 3

Work product

Answer 3

documents, and other tangible things, prepared in anticipated of litigation

Question 4

Factual work product

Answer 4

Documents and other tangible things relating factual information pertaining to the client’s case.

Generally, NOT discoverable, but exceptions apply.

Question 5

Opinion work product

Answer 5

Attorney’s mental impressions relating to a client’s case.

NEVER discoverable

Question 6

Factual work product may only be discovered upon a showing of:

Answer 6

1. substantial need (like a smoking gun)
2. that you can’t get without undue hardship.

Need BOTH

Question 7

Work product that a party intends to use at trial for impeachment purposes or otherwise:

Answer 7

NOT subject to the work-product protection

Question 8

Can you depose anyone?

Answer 8

Yeah - any party may depose any PERSON (could be non-party) by giving all parties notice of the time and place and opportunity to attend

Question 9

Do you have to tell people if the deposition will be videotaped?

Answer 9

Yeah, it has to be in the notice of depo

Question 10

Notice of deposition

Answer 10

Reasonable notice of a depo MUST be given to all parties

Question 11

Notice requirement for depo - parties

Answer 11

Only need notice - don’t have to file something with the court

Question 12

Notice requirement for depo - non-parties

Answer 12

To compel a non-party’s presence at a depo, need to be served with a subpoena

Question 13

Subpoena duces tecum

Answer 13

A request for documents for inspection or copying.

A non-party is allowed 30 days to assemble the docs

Question 14

For an oral deposition - A witness may review the transcript and modify the form or substance of their testimony.
True or False?

Answer 14

TRUE.

Like, if the stenographer got it wrong.

Question 15

Objections that MUST be raised at a depo, or they’re waived

Answer 15

Defects in the notice of the depo
Defects in the qualifications of the court reporter
Any error or irregularity in the manner of taking the depo

Question 16

Depositions immediately after commencement

Answer 16

The π must obtain leave of court to take a depo within 30 days of service of process of the initial pleading on a party

Question 17

Depositions prior to commencement

Answer 17

A depo MAY be taken before an action is filed if the court is satisfied that the testimony may prevent a failure or delay of justice

(like the deponent is close to death, and they were the only witness to the incident)

Question 18

A deponent may only be properly advised NOT to answer a question in these three circumstances:

Answer 18

1. to preserve a privilege
2. the scope of the deposition (if it’s too broad, not relevant)
3. a witness may move to terminate or limit the depo if it’s being conducted in bad faith

Question 19

Depo transcripts can be used for 3 specific reasons:

Answer 19

1. to proffer testimony
2. to impeach
3. to refresh memory

Question 20

A depo transcript can be used as substantive evidence in a trial IF:

Answer 20

1. the deponent was an adverse party or expert,
   OR
2. the deponent is unavailable bc they are: dead or ill, or old or can’t travel, more than 100 miles from courthouse, they’re outside of FL

Question 21

If only part of a depo is offered by a party, any adverse party may compel:

Answer 21

the introduction of any other part of the depo that should be considered in fairness

Question 22

Interrogatories are written questions served by:

Answer 22

ONE PARTY TO ANOTHER. Can be served on non-adverse parties (someone on the same side of the v as you are), but they are JUST FOR PARTIES.

Question 23

Interrogatories are limited to:

Answer 23

30 questions, including all subparts.

Can get more for good cause

Question 24

Interrogatories - objections

Answer 24

Have to state objections in response, otherwise will be waived.

Question 25

In lieu of providing an answer to an interrogatory, the answering party may:

Answer 25

produce documents containing the answers

Question 26

The party producing documents may:

Answer 26

1. produce them as they are kept in the regular course of business,
   OR
2. organize them to correspond with the request

Question 27

Four ways you get Discovery

Answer 27

Depositions
Interrogatories
Requests for Production
Requests for Admissions

Question 28

Possible responses to a request for admissions:

Answer 28

Admit,
Deny,
Explain why you can’t admit or deny
Object with the basis of the objection

Question 29

Requests for Admission limited to:

Answer 29

30 questions (requests) including all subparts

Question 30

If a request for admission is not responded to?

Answer 30

It’s deemed “admitted” at trial

Question 31

A party may request that any other party submit to an examination by a qualified expert when:

Answer 31

the physical or mental condition of the party is in controvery

Question 32

Do examinations of persons require leave of court?

Answer 32

Mental examinations DO require leave of court.

Physical examinations do NOT.

Question 33

Before filing a motion to compel discovery, there’s a duty to:

Answer 33

attempt, in good faith, to resolve the dispute

Question 34

Mtn to Compel Discovery is appropriate when:

Answer 34

A party fils to provide discovery, OR when the party does respond to requests, but the answers are evasive or incomplete.

Question 35

Can you compel a party to bring documents to a deposition?

Answer 35

YES. Do it through a request for production