Discovery - Controls

Question 1

What are parties required to do in discovery?

Answer 1

1. To confer and negotiate discovery demands, responses, and disputes
2. To produce discovery plan
3. To consult when disputes arise
4. To stipulate changes in most of the discovery rules (authorized)

Question 2

What rules allow sanctions in discovery?

Answer 2

R.26(g)

R.37

Question 3

What rule is R.26(g) similar to?

Answer 3

R.11

Question 4

What does R.26(g) require?

Answer 4

At least one attorney of record must sign every response/motion/filing

Question 5

Does R.26(g) require supplementing?

Answer 5

No

Question 6

What is the purpose of R.26(g)?

Answer 6

To get lawyers to engage in pretrial discovery in responsible manner

Question 7

What is the R.26(g) sanction?

Answer 7

Sanction for improper certification

Question 8

How can a R.26(g) sanction be ordered?

Answer 8

1. Filed by motion by party

2. Done sua sponte by court

Question 9

What is the process for R.37 sanction?

Answer 9

1. Responding party expressly makes objections
2. Request party moves for order compelling discovery
3. Court resolves by issuing appropriate order
4. If responding party violates, requesting party may seek sanctions

Question 10

When are silent objections or self-help allowed in discovery?

Answer 10

Never

Question 11

What does R.37 require that R.26(g) doesn’t?

Answer 11

Supplementing

Question 12

Stone-walling

Answer 12

Fails to make any response or fails to attend its own deposition

Question 13

What does stone-walling allow?

Answer 13

Party to bypass motion to compel and go straight for sanctions