Discovery Flashcards
What are the three types of disclosures that must be made?
initial disclosures; disclosures of expert witnesses; and pretrial disclosures.
Must there be a request to turn over initial disclosures
no
What must a party turn over in initial disclosures?
1) names and contact information of individuals likely to have discoverable information that the disclosing party may use to support its claims or defenses; 2) documents and tangible evidence used to support the parties claims and defenses; 3) a computation of damages and materials used to arrive at that computation; and 4) copies of insurance agreements under which an insurer might be liable.
What must the parties turn over to one another regarding expert testimony?
the identity of the expert witness and the written report of the expert witness which contains their findings and the facts upon which their findings are based.
What must a party turn over in regards to pretrial disclosures?
at least 30 days before trial, the parties must disclose 1) the witnesses he wishes to call at trial; 2) the witnesses he will call if the need arises; 3) the witnesses who testimony will be presented by means of a deposition; and 4) a list of exhibits and documents she expects to offer or might offer if needed.
In general, discovery may be had of any . . .
non-privileged matter that is relevant to any party’s claim or defense and is proportional to the needs of the case.
Work product of a party or her representative, made in anticipation of litigation is discoverable only upon a showing of what?
upon a showing of substantial need and to avoid undue hardship in obtaining materials in an alternative way.
Must a party show substantial need or undue hardship to receive a statement made by the other party?
no
Are communications between the expert witness and the attorney work product?
generally, yes. However, communications dealing with the expert’s compensation or to facts or data the attorney provided to the expert are not.
When a party withholds information she believes is privileged or work product, the party must claim the doctrine or privilege . . .
expressly
When can a party seek an order from the court compelling discovery?
when the movant can certify that he has, in good faith, conferred or attempted to confer with the person or party failing to make discovery in an effort to avoid court intervention.
