Discovery

Question 1

Automatic Prompt Disclosure (FEDERAL ONLY)

Answer 1

FEDERAL ONLY

parties must disclose without notice the following before using another other method of delivery.

all supporting witnesses, relevant supporting documents and damage computations, relevant insurance coverage.

Question 2

Traditional Method (Oregon)

Answer 2

Depositions - only method that can be used on non-party

Requests for physical/mental exams - only method that requires a court order which will be granted only upon GOOD CAUSE SHOWN (i.e., no other way to get info.)

Interrogatories - Parties may not serve ROGS and NOT conduct Expert Discovery.

Question 3

Duty to Supplement (Both Fed. and Oregon)

Answer 3

Parties have automatic duty to supplement/update prior disclosure within a reasonable time from discovering new information.)

Question 4

Scope of Discovery (Relevant)

Answer 4

Any part of any claim or defense Need not be Admissible.

Question 5

Scope of Discovery (Not Privileged)

Answer 5

Material that is privileged is NOT DISCOVERABLE.

Question 6

Work Product

Answer 6

Any material that has been prepared for litigation and not in the ordinary course of business.

Question 7

Two Types of Work Product

Answer 7

Attorney’s Metal Impressions = Absolutely Privileged.

All other form other than att. mental impression are generally not discoverable UNLESS showing of substantial need of material, such that you would suffer hardship.