Discovery Lecture 2 Flashcards
What are required disclosures and some examples of the required disclosures?
Required disclosures are information that the other party may use to support its claims
(names, addresses, telephone numbers of fact witnesses, materials used to calculate damages, copies or descriptions of documents)
Why is there usually a discovery plan that is used and meet and confer?
The discovery and meet and confer is there there can be massive amounts of info that has to be sifted through to be able to support certain answers/denials, other responses, so there must be a meet and confer to prepare a discovery plan.
What is timing of required initial disclosures?:
required disclosures (26)(a)(1) are due no more than 14 days after the meet and confer as per 26 (f).
then you have the required disclosures and the proposed plan 26 (f).
the initial required disclosures are before the scheduling conference (16)(b).
the meet and confer must happen atleast 21 days before a scheduling order is due.
What are the two delay buttons for required disclosures?
they are stipulation (both plaintiff and defendant have to agree to stipulation) and court ordered sanctions
What is the consequence of failure to comply with the required disclosures?
There is preclusion from using undisclosed evidence or witnesses
What are interrogatories?:
interrogatories are written questions to parties, and used to “locate and find” witnesses and evidences, and to establish facts and contentions
limited to 25 questions unless court allows more, and also an answer or objection must be provided within 30 days of the disclosure. Objections must be specific. boilerplate specific.
answers are made in writing under oath by the party who makes them, and objections are made by the party’s lawyer.
lawyer also has to sign and say that the answers are based on a reasonable inquiry pursuant to Rule 26 (g) (sort of like Rule 11).
What is a party is not knowledgeable on a certain discovery rule?
33 (b)(1)(B) states that the information furnished must be the information available to the party, so not just the person answering the complaint.
When does duty to supplement exist?
Duty to supplement exists when their answer is materially incomplete or incorrect. In the case that the answer has been provided by deposition, the duty to supplement does not exist.
What is Request for Production of Documents and Things?
It is governed by FRCP 34, and asks that the request for documents or category of documents must be made with reasonable particularity.
the response is due within 30 days, with a written response of compliance, objections,
the documents have to be ones that the party has possession, custody, or control over
what does rule 34 (b) require when it comes to producing documents?
It requires that the documents are produced as they are kept “in the usual course of business”, organize and label then to correspond to the categories of the request.
What is basic definition of a deposition?
a deposition is basically when there is live testimony of a witness under oath outside the presence of a judge.
largely attorney managed,
procedure largely governed by whether party, non-party, individual, or entity
What is the procedure for asking a party (non-institutional party) for deposition? FRCP 30
you serve a notice or time and place of a deposition on a non-institutional party deponent, with copies to the other parties in action
notice must specify method of deposition,
usually held in the discoverer’s office where the civil action is pending, or a place agreed by the parties.
what if the party being deposed is a non-party?
If it is a non-partym the non-party is not subject to the pox of the court or the discovery rules. in that case, there must be a subpoena (within 100 miles of where the deponent lives, relies, or transacts business in person) and this will allow nationwide service. a subpoena is when you as a party to bring documents or ask them to come in for deposition.
Can objections be made during depositions? In what manner must objections be made?
yes, there can be an objection made, but unless the objection is based on privilege, the deposition continues and the objections can then be brought during trial.
Objections must be made in a concise and non-argumentative manner and non-suggestive manner. the rule limits the circumstances in which a lawyer can instruct his client to not answer.
What if the party is an entity? FRCP 30 (b)(6)?
The you will send the deposition request to the institution’s lawyer, who will then designate a deponent knowledgeble on that issue. Must not categories for the deposition.
