Discovery Flashcards
Discovery
A party may seek to obtain any non-privileged matter that is relevant to any claim or defense. However, the moving party must show that the information sought is reasonably calculated to lead to the discovery of admissible evidence on a claim or defense in the case. It is NOT required that the information itself be admissible at trial. Here…
Discovery (CA)
The California standard is broader than the federal rule. A party may discover any non-privileged matter that is “relevant to the subject matter involved in the pending action.” The information sought must be admissible evidence or reasonably calculated to lead to discovery of admissible evidence. Here…
Work Product
Materials prepared in anticipation of litigation are protected from discovery unless P can show a substantial need and no alternative means. Work product can be created by a lawyer, party or representatives of the party.
In CA, work product must be generated by attorney or agent.
Required Disclosures
Generally, within 14 days of Meet and Confer, each party must disclose 1) identity of persons with discoverable into, 2) documents and things that SUPPORT claim/defense, 3) computation of money damages, and 4) insurance coverage. Later in the case, expert witnesses must be disclosed. Here…
No automatic required disclosures in CA.
Discovery Tools
Information from parties and non-parties can be obtained through Depositions, Interrogatories, Requests for Admissions/Production, and Medical Examinations. Physical and mental exams must be court ordered after showing the party’s physical or mental condition is in controversy.
In CA, Requests for Admissions and Production from non-parties require a deposition. In personal injury cases, D is allowed one medical exam without a court order.
Sanctions
Sanctions are warranted when there is partial or total noncompliance with discovery rules. The party seeking sanctions must certify they tried in good faith to resolve this issues without court involvement. Sanctions can be monetary, establishment order, restrict evidence, etc., but the purpose is to deter, not punish. Here…
