discovery – laccp Flashcards
who can be subpoenaed
witnesses who reside or work in Louisiana may be subpoenaed to attend trials or hearings anywhere in the state
what is the result if the witness being subpoenaed lives more than 25 miles from the courthouse
party making out the subpoena is required to pay expenses for witnesses
what is a subpoena duces tecum
compels a witness to bring certain documents, tangible things, or ESI with him
what can questions in a depo revolve around
any relevant, non-privileged matter, even if the information proves to be inadmissible later
what can be used against parties to get them to answer questions in a depo
motion to compel; motion can be filed after examination is complete
proper way to provide request of depo
- give the other entity reasonable notice in writing
- state the time and place for the depo
- provide name and address of each person to be examined
how must objections be used in a depo
shall be stated concisely and in a non-argumentative and non-suggestive manner
when can a party instruct a deponent not to answer a question in a depo
- when necessary to preserve a privilege
- to enforce a limitation on evidence imposed by the court
- to prevent harassing or reptitious questions
- to prevent questions which seek information that is neither admissible at trial nor reasonably calculated to lead to the discovery of admissible evidence
when can depos be taken by telephone or other remote elctronic means
if the parties agree or the court has so ordered
how does one request depo of a corporation
- 1442 depo
- notice should name the entity as a deponent and designate matters on which exam is requested
- organization shall designate the appropriate officers or person to testify
what are interrogatories
written questions directed to any party
when must interrogatories be answered
within 30 days of service
what is the limit of interrogatories that may be asked
35
what is the business records exception for interrogatories
when a party’s answers can be obtained from business records, including ESI, that party can specify where in the records the answers may be found (as long as the burden is substantially similar for both parties) and make the records available in lieu of answering
who can a party serve a request for production of documents and things, or entry upon land to
any party or as an independent action on witness
what happens once a party or witness is served with a request for production of documents and things or entry upon land
must make all materials available
what is the time limit imposed for a request for production of documents and things or entry upon land
30 day time limit to respond or object
what form can the request for production of documents and things
the request may specify the form that the information is to be produced and the party may organize produced documents to correspond with requests, or may produce them as they are kept in the usual course of business
what form must the request for entry upon land be in
request must contain items to be inspected with reasonable particularity and specify a reasonable time, place, and manner of making the inspection
when can an adverse party be compelled to undergo a physical/mental examination
only when the condition of the party is at issue
who can conduct a mental/physical health exam
doctor, vocational rehabilitation expert, licensed clinical psychologist
what must the party who compelled the exam do with the exam
deliver a copy of the exam to the other parties in interest if requested, but then may request the examined party to deliver reports of any exams he has or may take for the same condition
what does the party requesting the exam report waive if they request the report
any past or future patient-physician privilege pertaining to the disputed condition
what can the party requesting discovery seek if the other party fails to respond after filing motion to compel
motion for sanctions, which can include
1. matter may be deemed proved
2. evidence may be excluded
3. pleadings may be struck, the case may be dismissed, or a default judgment may be entered
4. costs and attorneys’ fees
5. ordering a contempt
when are sanctions not imposed for failure to comply with discovery request
ESI lost from routine, good faith operation of information systems
what is the work product doctrine
writings or ESI prepared by a party or his attorney (or agent) in anticipation of litigation or in preparation for trial are not discoverable unless denial will cause unfair prejudice, undue hardship, or injustice to the party seeking discovery
what does the work product doctrine not extend to
video tapes or other tangible things
what is a hearing to determine qualifications of an expert
either party may file, no later than 60 days before trial, a motion for pretrial hearing to determine whether a witness qualifies as an expert or whether his methodologies are reliable under art. 702-705 of the Code of Evidence
“junk science” should trigger you
when must a contradictory hearing be had for determining the qualifications of an expert
at least 30 days before trial
what is the general rule as to the duty to supplement discovery responses
no duty to supplement responses that were complete at the time they were made
what is the exception for the duty to supplement
any question regarding the identity and location of persons with knowledge of discoverable matters and expert witnesses and the subject of their testimony
what does an attorney’s signature on a discovery request, response, or objection a certification of
that he has read the document and that to the best of his knowledge, information, and belief, formed after reasonable inquiry, it is:
- consistent with the discovery rules and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law
- not interposed for any improper purpose such as to harass or increase unnecessary costs
- not unreasonable, unduly burdensome, or expensive given the nature of the pleadings
