Discovery

Question 1

26(f)

Answer 1

Initialconferences

1. The parties meet, without the judge, and discuss the claims/defenses, and determine the time frame and scope of discovery. Come up with a discovery plan and submit it to judge
   i) Discovery plan will discuss the timing and subjects of discovery, phases of discovery, if any. Issues of e-discovery, and issues of privilege

Question 2

26 (a)(1)

Answer 2

Initial Disclosures

1. Required information
   i) Basic information (parties, contact info)
   ii) Any document the party may use in its claims or defenses
   iii) Calculation of damages
   iv) Any insurance agreements
2. A party need not disclose any damaging information, only the information you are going to use to support your claims or defenses.

Question 3

26 (e)(1)

Answer 3

Additional information discovered after initial disclosure, (that is essential to your case) must be disclosed to the other party in a “timely manner” to prevent possible judicial dismissal of the information later on under 37(c)(1).

Question 4

26(f)

Answer 4

Initial disclosures time table

Without permission from other party, must be sent within 14 days of Initial conference

Question 5

16(b)

Answer 5

Scheduling order

The order is issued by the judge, based on the parties discovery plan.

Question 6

R. 33

Answer 6

Interogatories

1. Written questions you can send to the opposing party (not a non-party)
   i) The party answering cannot use evasive answers
2. Limit of 25
3. Mostly useful to identify the person you want to depose and the documents you want production of
4. Used to get the information the other side has, but is not using. (you would get information they are using in disclosures)

Question 7

R. 34 (a)-

Answer 7

requests to the opposing party

1. Requests for documents, E-information, sound recordings, images, data
2. Requests for entry onto any property controlled by the opposing party
3. Requesting parties request must come with “reasonable particularity” to reduce the burden on the producing party.
4. Under (b) parties have 30 days to reply to the request from the date of service, or as otherwise specified in the initial conference.

Question 8

R 36

Answer 8

Requests for admisstion

1. A party may request admission of truth to any facts, opinions, documents
2. The request must be replied to in 30 days from time of service, or an automatic admission will be entered
3. If you choose to deny, you must deny with specificity
4. Can only be sent to an opposing party

Question 9

R 30

Answer 9

1. A party is allowed the chance to question in person, similar to the courtroom, however even with an objection, the individual must answer the question. Reasonable notice is required
2. Will typically ask a series of question to pin the other party down to a single story.
3. A party is allowed 10 depositions (unless otherwise granted by the court, discovery plan or the opposing party)
4. A deposition has a limit of 7 hours

Question 10

R 35

Answer 10

Physical and mental Evaluations

1. A party may request an evaluation be made if they can make a “showing of good cause”
2. I.E. discovering the scope of an injury that is claimed. (even mental duress)

Question 11

R. 26 (a)(3)

Answer 11

Pre-trial disclosures

Witness lists, evidence, expert reports, exhibits, documents, etc.

Question 12

R. 16 (e)

Answer 12

Pre-trial conference: Basically a meeting to look at all the issues on trial, the judge does not want any issues at trial.

Question 13

26(b)(1)

Answer 13

What you can discover

1. You can discover any non-privileged matter that is relevant to any party’s claim or defense.
2. Even if the information you want to discover is not admissible at trial, if it could possibly lead to information that would be admissible, it is discoverable.
3. What is relevant depends on what is in the pleadings. Is it related to the claims or defenses at issue?
   i) Time period
   ii) Subject matter
   iii) Location

Question 14

Privilege

Answer 14

1. Is not discoverable
2. Privilege is not self-actuating (you have to present whether or not it is privileged)
3. Examples
   i) Attorney-client, doctor-patient, Self-incrimination (5th Amend)

Question 15

26(b)(3)

Answer 15

attorney client work product

1. Attorney work product, including any documents that contain the attorney’s thoughts or opinions about the case are usually not discoverable.
2. Exception
   i) The facts from the attorney’s files may be discoverable when: the other side shows substantial need, and they cannot obtain their substantial equivalent by other means without undue hardship

Question 16

26(a)(2)

Answer 16

Experts 1

1. Must disclose to all parties, any expert witnesses you may use at trial to present evidence (Haskell)
   i) At least 90 days before trial; or
   ii) Within 30 days if the expert is offering rebuttal
2. Must prepare a detailed statement of all the facts, data, exhibits, etc. this witness will rely on. Also, statement of qualifications/publications, other cases, and what compensation they will receive.

Question 17

26(b)(4)

Answer 17

Experts 2

1. A party may depose any person who is designated as an expert whose opinions may be given at trial
2. Non-testifying experts are protected from discovery. (Chiquita)
   i) Exception: when there are exceptional circumstances under which it is impracticable for the other party to obtain facts or opinions on the subject by other means. (Haskell)