Discovery Lecture 1

Question 1

What is FRCP 26?: Discovery Scope and limits?

Answer 1

Unless otherwise limited by court order, the scope of discovery is:

1. parties can obtain discovery regarding any non-privileged matter that is relevant to any parties claim or defense AND
2. Proportional to the needs of the case,
   a. considering the importance of issues at stake , amount in controversy, parties’ relative access to relevant info, imp. of discovery in resolving issues, whether burden > benefits

information w.in scope of discovery doesn’t;t need to be admissible to be discoverable

Question 2

What is non-privileged matter?

Answer 2

privileged matter is matter that is made in confidence during the course and furtherance of a relationship

privileged matter does not concern facts that are stated to the lawyer. it only concerns non-facts.

Question 3

What is 26 (b)(5)?

Answer 3

when a party is invoking privilege to not produce certain documents, 26 (b)(5) requires the disclosure of the nature of the documents, communications, or tangible things not produced or disclosed, in a way that does not disclose privileged matter, to assess the claim.

Question 4

what does relevant to any party’s claim or defense mean?

Answer 4

usually this is a very broad standard

Question 5

What are the thing taken into consideration when considering the “proportional needs of the case?”

Answer 5

1. importance of the issues at stake
2. amount in controversy
3. relative access to the relevant information
4. parties’ resources
5. burden or expense > likely benefit

Question 6

who has the burden of showing proportionality?

Answer 6

the party seeking discovery, but burden of showing disproportion is on the party resisting the discovery, as they can show the costs

Question 7

what does “need not be admissible mean”?

Answer 7

the evidence doe not need to be admissible to be discovered