Discovery

Question 1

Definition

Answer 1

Scope of discovery extends to any matter that is not priveleged and that is relevant to the claim or defense.

Question 2

Relevance Defintion

Answer 2

Relevant information need not be admissible at the trial as long as the discovery appears to be reasonably calculated to lead to discovery of admissible evidence.

Question 3

Privelege Types

Answer 3

1. Attrny/Client
2. Work Product
3. Qualified Privelege

Question 4

Confidential Relationship

Answer 4

1. ATTY/Client
2. Doctor/Patient
3. Husband/Wife
4. Priest/Pennant
5. Self Incrimination

Question 5

Work Product

Answer 5

The attorney’s notes, mental impressions, and theories of the case are absolutley priveleged.

Question 6

Qualified Privelege

Answer 6

Other materials prepared in anticipation of litigation are only qualified priveleged and may be discovered upon a showing of a substantial need and unavalibilty

Question 7

Witness Statements

Answer 7

If it was prepared in anticipation of discovery, then privileged. If it as prepared in the ordinary course of business, the statement would be discoverable.

Question 8

Expert Information

Answer 8

Must be someone with specialized knowledge in a particular subject area who gives an opinion on facts.

Testifying: Mandatory disclosure 90 days before trial

Nontestifying: Must show need.

Question 9

Disclosures Types

Answer 9

1. Initial Mandatory
2. Party Iniated
3. Pretrail

Question 10

Mandatory Disclosures

Answer 10

26 (a) Name, # of ppl w/discoverable info, tangible.intangible evidence in support of claim, computation of damages etc

within 14 days following discovery conference

Question 11

Party Initiated Disclosures

Answer 11

26 (d) (1) After initial can serve each other with discovery requests. However, physical and mental exams is only available is alternate means are not available.

Question 12

Pretrial Discloures

Answer 12

1. Expert: Identity, whether retained or employed, qualifications as an expert, exhibits and information they will use, and if compensated amount they are paid.
2. Witnesses: Name and number
3. Tangible Evidence: Identify all evidence planned on being used.

• All within 30 days before trial

Question 13

Depositions

Answer 13

1. Oral R. 30: Reasonable notice
2. Written R. 31 Asks premade questions

10 depos per party

Question 14

Interrogatories

Answer 14

Rule 33 Written Q. under oath

Limit: 25

Question 15

Inspection of documents

Answer 15

R. 34 (Must be a party to suit, describe items, specify reasonable time/place to investigate

Question 16

Request for admission

Answer 16

R36 (asks to admit certain things. No answer deemed admitted)

Question 17

Mental/Physical Exams

Answer 17

R. 35 Must be part of controversy and in good faith