Discovery Flashcards
What is the duty of discovery?
Parties are required to disclose certain information to other parties without waiting for a discovery request. however, parties may stipulate, or the court may order, modifications of some disclosure requirements.
what information do you have to disclose?
Parties must disclose all information “then reasonably available” that is not privileged or protected as a work product. A party is not relieved of her duty to disclose because she had failed to complete her investigation or another party’s fault.
What does a party have to do before disclosing?
the party has an obligation to make a reasonable inquiry into the facts of the case.
What are the three types of disclosures?
1) Initial disclosures
2) disclosure of expert testimony
3) pre-trial disclosures
What is an initial disclosure and what are the different types?
Without waiting for a discovery request, a party must provide to other parties:
1) the names, addresses, and telephone numbers of individuals likely to have discoverable information that the disclosing party may use to support it claims and defenses, unless the use is solely for impeaching.
2) copies or descriptions of documents, electronically stored information, and tangible things, unless used for impeachment only
3) a computation of damages claimed by the party and copies of materials upon which the computation is based
4) copies of insurance agreements under which an insurer might be liable for or part of any judgment.
when do these initial disclosures need to be made?
within 14 days after meeting of the parties required by Rule 26(f), unless a different time is set by court order.
Are their exemptions from the initial disclosure requirement?
yes, actions to review administrative record, actions to enforce an arbitration award, pro se litigation by prisoners, actions to quash or enforce subpoenas
What are Pre-trial disclosures?
at least 30 days before trial, a party must disclose to the other parties and file with the court a list of i) the witness she expects to call at trial, 20 the witnesses she will call if the need arises, 3) the witnesses whose testimony will be presented by means of depositions or portions of it, 4) documents or exhibits she expects to offer or might offer id needed. within 14 days of this disclosure, a party may serve objections to use of the depositions at trial
When does electronically stored information need not be produced?
it need not be produced if the responding party identifies it as from a source not reasonably accessible because of undue burden or cost.
What if electronically stored information is unpreserved and cannot be restored?
If the discovering party is prejudiced because of the lack of information, the court may order remedial measures no greater
What must a party do if they think that certain information is privileged?
it must disclose the existence of the material in sufficient detail to the opposing party so that the opposing party may assess the claim of privilege.
