Discovery II

Question 1

Request for Production or Inspection

Answer 1

may be used to compel production of documents or other items of evidence

Requests for production or inspection are not appropriate for persons who are not a party to the action. Instead, a subpoena duces tecum should be used.

Question 2

In response to a request for production, the producing party may produce the documents may either:

Answer 2

(1) produce documents as they are organized in the ordinary course of business
(2) organize them to correspond with the categories in the request

Question 3

Request for admissions

Answer 3

is a device where a party seeks an admission from another party as to the truth of any matter, application of law to facts, or of the genuineness of the document.

Requests for admission are limited to 30 requests/questions

Question 4

Possible responses to a request for admissions include:

Answer 4

1. Admit
2. Deny
3. A reason why you cannot admit or deny.
4. Objection

Requests for admission that are not responded to are deemed admitted at trial

Question 5

Examination of Persons

Answer 5

A party may request that any other party submit to an examination by a qualified expert when the mental or physical condition of the party is in controversy

Mental examinations require leave of court; physical examinations do not.

Requests for examinations may only be served on parties to an action.

Question 6

Motion to Compel Discovery

Answer 6

If a party fails to provide discovery, the propounding party may move for an order compelling discovery.

When discovery is provided, a motion to compel may still succeed if the answer given is evasive or incomplete

Before filing this motion, there is a duty to have attempted in good faith to resolve the issue

Question 7

Answering an interrogatory

Answer 7

Instead of providing an answer, the answering party may produce documents that provide the answer

Any objections must be stated or they are waived.

Question 8

Interrogatories

Answer 8

are written questions served by one party upon another party, whether or not adverse.

Interrogatories may only be served on parties to an action.

Interrogatories are limited to 30 parts and subparts.

Question 9

Uses of Depositions

Answer 9

Deposition transcripts can be used, subject to the rules of evidence, for three specific reasons: (1) to proffer testimony, (2) to impeach, and (3) to refresh memory.

A deposition transcript can be used as substantive evidence in a trial if: (a) the deponent was an adverse party or an expert, OR (b) the deponent is unavailable

If only part of a deposition is offered by a party, any adverse party may compel the introduction of other parts of the deposition

Question 10

A deponent may only be properly advised not to answer in three circumstances:

Answer 10

1. To preserve a privilege
2. Outside the scope of deposition
3. In deposition is being conducted in bad faith

Question 11

The following objections must be raised at the deposition or they are waived:

Answer 11

1. defects in the notice of the deposition
2. defects in the qualifications of the court reporter
3. irregularities or defects in the deposition itself