Discovery Devices

Question 1

Oral Deposition limitations

Answer 1

1. Limited to 10 depos, unless court allows more.
2. Each limited to one day of 7 hours.
3. Depo of party requires notice, but depo of witness requires subpoena.
4. Requires immediate reponse

Question 2

What is a subpoena duces tecum?

Answer 2

A subpoena that requires the deponent bring specified documents or things to depo.

Question 3

Limitations on interrogatories

Answer 3

1. May only be used against a party
2. Presumptively limited to 25 interrogatories
3. Response required w/n 30 days.
4. May respond by providing business records containing answer.

Question 4

Request to produce and permit inspection requirements:

Answer 4

1. applies only to documents, things, and land under the control of a party.
2. Thing to be produced must be described with particularity.
3. Response is due within 30 days.

Question 5

Physical and mental exam req.

Answer 5

1. available only against a party
2. only permitted when the party’s phsy. or mental cond. is in controversy
   AND
3. only for good cause shown.

Question 6

RFA (request for admissions)

Answer 6

1. No federal limit.
2. Failure to respond within 30 days is treated as admitted.
3. the admissions are binding in the litigation, but have no preclusive effect (in other litigations, future proceedings.)

Question 7

Use of depositions at trial, for adverse party, mere witness, and non-testifying witness.

Answer 7

1. Adverse party’s depos are admissible as an admission of a party opponent.
2. Depos of a mere witness can be used for impeachment of that witness, as a prior inconsistent statement.
3. Depos of a non-testifying witness can be used if the witness is dead, beyond subpoena power, unavailable, OR more than 100 miles from the place of trial.

Question 8

What 3 instances can a court immediately impose sanctions?

Answer 8

1. failure to attend one’s own depo
2. failure to respond to interrogatories
3. failure to respond to a request for documents or things.

Question 9

If the party seeking discovery cannot get a clear answer from depo/interrogatories then they must file a:

Answer 9

Order compelling discovery. If this is granted moving party is granted cost of compelling discovery, including attorneys fees.

Question 10

Electronically stored info rules

Answer 10

1. normal should be preserved.
2. If lose through unreasonable conduct - then the court may order measures to cure the prejudice.
3. If materials destroyed with intent to prejudice other party, the court may instruct the jury to presume the info was unfavorable, or even end the litigation.