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Civ Pro 2 After Midterm > Discovery - Chapter 8 > Flashcards

Discovery - Chapter 8 Flashcards

1
Q

Discovery is effectively the

A

exchange of information

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2
Q

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

A

MAY

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3
Q

Rule 34

A

Document Inspection

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4
Q

Rule 33

A

Interrogatories

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5
Q

Rule 30-31

A

Depositions by Oral Exam or Written Question

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6
Q

Rule 35

A

Physical or Mental Examination

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7
Q

Rule 36

A

Requests for Admission

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8
Q

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

A

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

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9
Q

Rule 26(a) _____________ certain disclosures.

A

MANDATES

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10
Q

Rule 26(b) states the

A

scope

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11
Q

Rule 26(c)-(g) further outline

A

discovery procedure

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12
Q

Rule 37

A

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

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13
Q

Rule 45

A

outlines discovery from nonparties

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14
Q

Parties - Initial Disclosure
Non- parties -

A

disclosure not required

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15
Q

Parties-Oral Depositions
Non-parties -

A

oral depositions

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16
Q

Parties- Interrogatories
Non-parties -

A

No interrogatories

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17
Q

Parties- Depositions on Written Questions
Non-parties -

A

Deposition on Written Questions

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18
Q

Parties- Request for Production
Non-parties -

A

No Requests for Production

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19
Q

Parties- Subpoenas
Non-parties -

A

Subpoenas

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20
Q

Parties-Physical and Mental Exams
Non-parties -

A

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

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21
Q

Parties- Request for Admission
Non-parties -

A

No requests for admission

22
Q

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

A

mandatory

23
Q

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

A

Interrogatories

24
Q

Request something or documents is

A

request for production

25
Q

The Scope of Discovery means

A

What can I get?

26
Q

Rule 26(b)(1)

A

The Scope of Discovery

27
Q

__________ 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 ________.

A

Privileged
privileged
restriction on scope

28
Q

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

A

non-privileged

29
Q

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

A

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

30
Q

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

A
  1. non privileged matter
  2. that is relevant to any party’s claim or defense; and
  3. proportional to the needs of the case
31
Q

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

A

Discovery

32
Q

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.

A
  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.
33
Q

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.

A
  1. Amount in Controversy
34
Q

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.

A
  1. The importance of the issue at stake in the action
35
Q

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.

A
  1. The parties resources
36
Q

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.

A
  1. The importance of the discovery in resolving the issues.
37
Q

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.

A
  1. Whether the burden or expense of the proposed discovery outweighs its likely benefit.
38
Q

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.

A

claim or defense.

privileged.

Admissible.

39
Q

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

A

limits

40
Q

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.

A

26(b)(1)

41
Q

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

A

protective order

42
Q

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 ______.

A

stop

43
Q

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

A

Protective order
Motion to compel

44
Q

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

A

Meet and Confer

45
Q

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.

A

Meet and confer
Good faith

46
Q

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

A

Meet and confer
Protective order

47
Q

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

A

26(c)

48
Q

The court must find ________ _______ for the protective order.

A

Good cause

49
Q

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

A

Shield
Sword

50
Q

What is Rule 45?

A

Discovery from Non-Parties

Civ Pro 2 After Midterm (14 decks)

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