Discovery Flashcards
26(a)(1)
Initial disclosures;
(A) a list of documents a party must provide to the other party
(B) proceedings exempt from initial disclosure
(C) initial disclosures must be made within 14 days after the parties Rule 26(f) conference
26(a)(2)
disclosure of expert testimony;
(A) party must disclose to other parties the identity of any witness it may use at trial
(B) witnesses hired to provide expert testimony must write a written report containing all opinions, facts, exhibits, qualifications, past cases involved in, and compensation
(C) fact witnesses don’t need to write a written report must disclose the subject matter on which the fact witness is expected to present and a summary of the facts and opinions
(D) time to disclose: 90 days before the date set for trial
26(a)(3)
Pretrial disclosure:
(A) name, address, and number of each witness, designation of those witnesses whose testimony will be presented by deposition, identification of each document and exhibit
(B) must be made at least 30 days before trial
26(b)(1)
Discovery scope and limits; discovery may be obtained regarding only non privileged matter that is relevant to any party’s claim or defense
26(b)(2)
Limitations on frequency and extent:
(A) court may alter the limits in these rules on the number of depositions and interrogatories and length of depositions
(B) party’s may not provide discovery of electronically stored info that is not reasonably excessible
(C) court must limit frequency or extent is discovery sought is unreasonable or outside scope in 26(b)(1)
26(b)(3)
Trial preparation
party may not discover documents and tangible things that are prepared in anticipation of litigation for trial
26(b)(4)
Trial preparation: Experts
(A) party may depose any person who has been identified as an expert
26(b)(5)
Claiming privilege or protecting trial-preparation materials
party must expressly make claim of privilege and describe the nature of the documents that are privileged
26(c)
Protective orders
26(d)
Timing and sequence of discovery
27
Deposition to perpetuate testimony
28
Persons Before Whom Depositions May Be Taken
(a) within the US: must be taken before an officer and person appointed by the court
(b) in foreign country: under treat, a letter of request and on notice
29
Stipulations about Discovery Procedures
30
Depositions by Oral Examination
30(a)
When a deposition may be taken:
(1) a party may depose any person, including a party, without leave of a court except as provided by 30(a)(2), deponents attendance may be compelled by subpoena under rule45
(2) party must obtain leave of court if the parties have not stipulated to the deposition and if the deponent is in prison
30(b)
Notice of deposition
(1) must give reasonable written notice to other parties
30(c)
Examination and cross-examination
30(d)
duration, sanction; motion to terminate or limit
30(f)
Certification and Delivery; Exhibits; copies of the transcript; filing
31
Depositions by written questions
32
Using depositions in court proceedings
33
Interrogatories to parties
(a) no more than 25 written interrogatories
(b) interrogatories must be answered by the party to whom they are directed, must be responded to within 30 days after being served
34
Producing documents, electronically stored information, and tangible things, or entering onto land, for inspection and other purposes
35
Physical and Mental Examinations
36
Requests for Admission
30 days
37
Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
37(a)
Motions for an order compelling disclosure or discovery
37(b)
Failure to comply with a court order
(1) sanctions in the district where the deposition is taken
(2) sanctions in the district where the action is pending
37(c)
Failure to disclose, to supplement an earlier response
37(d)
Party’s failure to attend its own deposition, serve answers to interrogatories or respond to a request for inspection
