Discovery - Chapter 8

Question 1

Discovery is effectively the

Answer 1

exchange of information

Question 2

Rule 27-35 provides several tools the parties ______ use to obtain information through discovery.

Answer 2

MAY

Question 3

Rule 34

Answer 3

Document Inspection

Question 4

Rule 33

Answer 4

Interrogatories

Question 5

Rule 30-31

Answer 5

Depositions by Oral Exam or Written Question

Question 6

Rule 35

Answer 6

Physical or Mental Examination

Question 7

Rule 36

Answer 7

Requests for Admission

Question 8

Rule ____ MANDATES certain disclosures, Rule _____ states the scope, and Rule __________ further outline discovery procedure.

Answer 8

26(a)
26(b)
26(c)-(g)

Question 9

Rule 26(a) _____________ certain disclosures.

Answer 9

MANDATES

Question 10

Rule 26(b) states the

Answer 10

scope

Question 11

Rule 26(c)-(g) further outline

Answer 11

discovery procedure

Question 12

Rule 37

Answer 12

sets forth the procedures to compel discovery and consequences for failure to cooperate.

Question 13

Rule 45

Answer 13

outlines discovery from nonparties

Question 14

Parties - Initial Disclosure
Non- parties -

Answer 14

disclosure not required

Question 15

Parties-Oral Depositions
Non-parties -

Answer 15

oral depositions

Question 16

Parties- Interrogatories
Non-parties -

Answer 16

No interrogatories

Question 17

Parties- Depositions on Written Questions
Non-parties -

Answer 17

Deposition on Written Questions

Question 18

Parties- Request for Production
Non-parties -

Answer 18

No Requests for Production

Question 19

Parties- Subpoenas
Non-parties -

Answer 19

Subpoenas

Question 20

Parties-Physical and Mental Exams
Non-parties -

Answer 20

No physical or mental exams UNLESS subject to party’s legal custody or control

Question 21

Parties- Request for Admission
Non-parties -

Answer 21

No requests for admission

Question 22

Initial disclosures is the ___________ piece that only applies to parties.

Answer 22

mandatory

Question 23

_____________ is another name for questions - you cannot give interrogatories to non-parties.

Answer 23

Interrogatories

Question 24

Request something or documents is

Answer 24

request for production

Question 25

The Scope of Discovery means

Answer 25

What can I get?

Question 26

Rule 26(b)(1)

Answer 26

The Scope of Discovery

Question 27

__________ example: Attorney-client. Something relevant to the case but is protected by privilege, you don't get discovery on that. The rule says non-privileged. You do not get ____________ matter, you only get non-privileged matters. That is a _____________ on ________.

Answer 27

Privileged privileged restriction on scope

Question 28

Parties may obtain discovery for any ________________ matter. Rule 26(b)(1).

Answer 28

non-privileged

Question 29

You do not need to do 100,000 worth of discovery on a 10,000 case. This refers to what?

Answer 29

Relevant to any parties claim or defense and proportional to the needs of the case

Question 30

Parties may obtain discovery regarding any: 1. 2. 3.

Answer 30

1. non privileged matter 2. that is relevant to any party's claim or defense; and 3. proportional to the needs of the case

Question 31

Parties may obtain ____________ regarding any: 1. non privileged matter 2. that is relevant to any party's claim or defense; and 3. proportional to the needs of the case

Answer 31

Discovery

Question 32

Rule 26(b)(1) limits discovery to that which is "proportional to the needs of the case" and provides five illustrative factors for courts to consider. 1. 2. 3. 4. 5.

Answer 32

1. Amount in Controversy 2. The importance of the issue at stake in the action 3. The parties resources 4. The importance of the discovery in resolving the issues 5. Whether the burden or expense of the proposed discovery outweighs its likely benefit.

Question 33

Rule 26(b)(1) limits discovery to that which is "proportional to the needs of the case" and provides five illustrative factors for courts to consider. 1.

Answer 33

1. Amount in Controversy

Question 34

Rule 26(b)(1) limits discovery to that which is "proportional to the needs of the case" and provides five illustrative factors for courts to consider. 2.

Answer 34

2. The importance of the issue at stake in the action

Question 35

Rule 26(b)(1) limits discovery to that which is "proportional to the needs of the case" and provides five illustrative factors for courts to consider. 3.

Answer 35

3. The parties resources

Question 36

Rule 26(b)(1) limits discovery to that which is "proportional to the needs of the case" and provides five illustrative factors for courts to consider. 4.

Answer 36

4. The importance of the discovery in resolving the issues.

Question 37

Rule 26(b)(1) limits discovery to that which is "proportional to the needs of the case" and provides five illustrative factors for courts to consider. 5.

Answer 37

5. Whether the burden or expense of the proposed discovery outweighs its likely benefit.

Question 38

What information is Discoverable? The basic scope of discovery is all information relevant to a _______ or ________ of any party. Relevant material that is ________ is not discoverable. Relevant material does not have to be _________ at trial.

Answer 38

claim or defense. privileged. Admissible.

Question 39

Rule 26(b)(2) _______ the general scope of discovery set forth in Rule 26(b)(1)

Answer 39

limits

Question 40

Remember that evidence need not meet the standard for admissibility at trial in order to be discoverable. Last sentence of Rule ________: Information within this scope of discovery need not be admissible in evidence to be discoverable.

Answer 40

26(b)(1)

Question 41

A _______________ ____________ is a shield, a legal document that shields you in some way or ways from responding to the discovery.

Answer 41

protective order

Question 42

The sword is a motion to compel - you are not doing it and we want to force you to do it. The protective order says ______.

Answer 42

stop

Question 43

A ___________ _____________ is a shield, a ________ ____ __________ is a sword.

Answer 43

Protective order Motion to compel

Question 44

_____ and _______ can be accomplished in more than one way. Recommended: Call people

Answer 44

Meet and Confer

Question 45

Protective Orders: A party must first “_____ and ________” with the opposing party and make a _____ _______ effort to resolve their dispute without first seeking the court’s intervention.

Answer 45

Meet and confer Good faith

Question 46

If the ______ and _______ is unsuccessful, then the party files a motion seeking a ___________ _________ under 26(c).

Answer 46

Meet and confer Protective order

Question 47

If the meet and confer is unsuccessful, then the party files a motion seeking a protective order under what rule?

Answer 47

26(c)

Question 48

The court must find ________ _______ for the protective order.

Answer 48

Good cause

Question 49

A protective order is a _________. Motion to compel is a ________.

Answer 49

Shield Sword

Question 50

What is Rule 45?

Answer 50

Discovery from Non-Parties