Discovery Flashcards
What is the general standard for discovery?
A party can obtain discovery regarding any matter that is not privileged and is relevant to the pending action. Information that is inadmissible at trial can be discoverable if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.
Can a party send a set of interrogatories asking for the names of all witnesses?
Names of trial witnesses are within the scope of discovery and must be disclosed. But there is no need to disclose names of impeachment or rebuttal witnesses who may or may not testify.
What is the rule for discovery regarding documents and tangible things?
Person is required to produce a document or tangible thing that is within the person’s possession, custody, or control.
What are the classifications of experts?
- Testifying
- Consulting - won’t testify
- Reviewed consulting - mental impressions/opinions have been reviewed by a testifying expert
Which experts are discoverable?
Only information concerning a testifying or reviewed consulting expert witness.
What is work product?
Any material prepared or mental impressions developed in anticipation of litigation or for trial by a party or party’s rep.
When is other work product discoverable? (Not core work product of an attorney)
Only upon showing that the party seeking discovery has a substantial need of the materials for preparation of the party’s case + party is unable, without due hardship, to obtain substantial equivalent
What is a protective order?
Order limits discovery in interest of justice to protect the moving party from undue burden, unnecessary expense, harassment, or annoyance.
When must a party respond to discovery requests?
Within 30 days after service.
If D receives service of process and a discovery request at the same time, he has 50 days from receiving.
What is the clawback provision?
If a producing party gives discovery it had not intended to. Producing party can avoid waiving privilege by amending the response within 10 days of discovering this accident and identify the material produced and the privileges asserted.
What are the rules regarding depositions of witnesses?
A witness may be deposed in: (i) where witness lives, (ii) county witness is employed in or regularly transacts business in, (iii) the county of the suit (if witness is a party or designated by a party), (iv) where witness was subpoenaed, OR (v) within 150 miles of place of service.
If the party gives at least five days’ notice, the deposition can be recorded by nonstenographic means, including videotape.
When must notice for a deposition be served on the parties?
Ordinarily, within reasonable time before the deposition is taken.
When a notice of deposition includes a request that the party produce documents or things at the deposition, the notice for a deposition and the request for production of documents must be within 30 days from the date notice was served.
