Discovery Flashcards
When is a material discoverable?
- If method of discovery is proper AND
2. Material sought must be within proper scope
When do you have automatic prompt disclosure?
When the controversy is $50,000 or less.
What kinds of info is automatically (without request) disclosed?
- All factual and legal basis for claims/defenses
- All potential witnesses
- All relevant documents
- Damages computation
- Relevant insurance info
What kind of discovery method can be used on a non-party?
Deposition
How long may a deposition be and when may it be used?
- 3 hours each and
2. Only used in trial to impeach, as admission, or if opponent is unavailable (at ct’s discretion
What is an interrogatory of witnesses? when must it be answered?
Its a request for pre-trial disclosure about opponent’s witnesses, must be answered within 28 days.
What information must the answered interrogatory of witnesses include?
Controlled expert witnesses: disclosure of full credentials and full report of their opinions
Independent experts: summary of expected opinion
lay witness: topics of testimony
What is a Request to admit?
Party may request another party to admit facts, and those facts will be admitted unless denied under oath within 28 days.
What is the duty to supplement?
Automatic and ongoing Duty for both sides to supplement its prior disclosures within a reasonable time of discovering new material.
When is material within discoverable scope?
When it is relevant and not privileged.
When is material relevant?
If it is relevant to any part of any claim and need not be admissible at trial
When is material privileged?
mental impressions and work product of attorney that has been prepared for litigation and not in the ordinary course of business
