Discovery & Pretrial Flashcards
common hypo
when party lives and works more than 25 miles from where they are being subpoenaed
entitled to statutorily provided expenses for hotels, meals, and travel for having to attend wherever they are being compelled to attend
subpoena duces tecum
requires person to produce documents or things in lieu oof testifying
subpoenas
compels someone to testify
failure to respond to subpoena consequence
contempt of court
time to respond to subpoena duces tecum
recipient can object in writing within 15 days of service or prior to time specified for compliance if less
discoverability rule
any matter not privileged that is relevant to the subject matter
information sought need not be admissible at trial if reasonably calculated to lead to the discovery of admissible evidence
certification of attorney on discovery requests
check model answers
protective order available
to prevent annoyance, embarrassment, oppression or undue burden or expense
remedies =
(1) court can prohibit discovery
(2) limit terms of discovery - time, place, method, subject matter
(3) order that trade secret or confidential matter not be disclosed
types of discovery (DIRRRPP)
depositions interrogatories requests for production of documents or things or request for release of medical records requests for admissions permission to enter on land physical and mental examinations
depositions objection rules
all objections will be noted by the officer (court reporter) and evidence will be taken subject to the objections.
the objections must be stated concisely in a non-argumentative and non-suggestive manner
objections as to form are waived if not made
other objections such as relevancy not waived if not made
in deposition, party can refuse to answer only
(1) when necessary to preserve a privilege
(2) to enforce a limitation on evidence already imposed by court
(3) to prevent harassing or repetitious question
(4) questions that will not reveal information neither admissible at trial nor reasonably calculated to lead to admissible evidence
if deposition is being conducted with errors or irregularities
such as irregularities in manner in which testimony transcribed, or deposition prepared, certified, etc
then must file a motion to suppress promptly after defect is or should have been discovered
in a deposition, upon showing of bad faith to annoy, embarrass, or oppress the deponent or a party
move to terminate
use of deposition at trial
(1) to impeach the witness with prior deposition testimony
(2) of a party, or officer/director of party entity, may be used for any reason
(3) deposition of a witness, can be used in any way at trial if the witness should die or is otherwise unavailable, including if the witness resides more than 100 miles from the courthouse or is out of state, or in exceptional circumstances
with depositions, once one part is admitted
all other parties may be admitted
deposition of an expert use
after notice and giving opposing counsel 10 days to object, deposition of expert may be used for any purpose.
if other party objects, objector must pay reasonable expert fees