discovery and pretrial procedures

Question 1

mandatory initial disclosures

Answer 1

info regarding people having discoverable info

docs supporting claims or defenses

how you computed damages

Question 2

what must you provide if you have an expert testifying

when must you provide this info?

Answer 2

ID expert

produce expert report

at least 90 days before trial

Question 3

what are the limitations on discovering stuff?

Answer 3

privilege

relevance

cost benefit analysis

Question 4

what would you want to do if someone requests to depose an expert unexpectedly right before the deadline?

Answer 4

grant a protective order

cant use a deposition against party if they had less than 14 days notice and asked for protective order

Question 5

oral depositions generally

Answer 5

party and non party

Question 6

how do you get to depose a party?

Answer 6

any notice

Question 7

how would you depose a nonparty?

Answer 7

subpoena personally served

Question 8

interrogatories

Answer 8

party only

limited to 25

respond in 30 days

Question 9

request for admission

Answer 9

no limit

failure to respond in 30 days = admission

Question 10

physical or mental exam

Answer 10

only if condition at issue and for good cause

Question 11

how do you get a deposition in for substantive purposes at trial?

Answer 11

W > 100 miles from trial or outside US

cannot subpeona them

on motion and notice due to exceptional circumstances

Question 12

what happens if a party failed to preserve electronically stored info in anticipation of litigation?

Answer 12

if other party prejudiced or they intentionally destroyed it, court may presume the lost info was unfavorable to the party

court may instruct jury to presume it as well