Discovery of Depositions of Experts on Conference are Sanctionable on Summary by the Jury at Trial

Question 1

Discovery

Answer 1

Discovery Evidence Work

(1) Discovery = document production, physical/mental exams, requests for admission.
(2) Evidence != admissible = reasonably calculable to != work product, privilege; Medical = material , 14 day HIA discretion
(3) Work Product = in preparation of lawsuit, unless substantial need

Question 2

Depositions

Answer 2

Depositions Interrogatories Admissions

(1) Depositions = matter of right = 30 days w/n summons = directly w/o evasion; 20 day video
(2) Interrogatories = 30 days to answer != non-parites = subpoena
(3) Admissions != strictly legal/ultimate; != combined = waiver after 30 days, 40 w/ summons

Question 3

Experts

Answer 3

Experts Fact

(1) Experts != ex parte != non-testifying consultants; non-disclosure = no testify, sanction
(2) Fact Experts = treated like lay witness

Question 4

Conference

Answer 4

Conference Order Permit

(1) discovery Conference = first
(2) Order to compel discovery = party resisting; Protect order =excessive requests, seeking protected info.
(3) Permit = motion to withdraw/amend

Question 5

Sanctionable

Answer 5

Sanctions Supplemental Spoliation

(1) Sanctions = violate a rule = Fisons = atty fees up dismissal
(2) Supplemental repose = correct false/misleading deposition statement or interagtory
(3) Spoliation = intentional desctruction of relevant evidence = revealed to jury + valuable + sanctions

Question 6

Summary

Answer 6

Summary Selection

(1) Summary =no remaining issue of m fact; partial = only damages = JML
(2) Selection != conceal bias, preemptory = 3, else waived

Question 7

Jury

Answer 7

Jury Notes Experience

(1) Jury vedict != unanimous
(2) Notes = destroyed; questions in writing, judge convenes w/attys
(3) Experience before = ok, but not seek out != thought processes; Motion to set aside/mistrial

Question 8

Trial

Answer 8

Trial Vacate Appeal

(1) New trial = 10 days = substitute = jury misconduct, improper closing, excessive damage, newly discovered w/o; re-open
(2) Vacate = 1 year max, practicable != substitute != law = fraud, jurisdiction, newly
(3) Appeal = 30 days, unless extror (rare) = law != new evidence = preserve via timely objection