Discovery - Scope Flashcards
What is required pre-claim/pre-defense?
Informal fact-finding
What is the standard for discovery scope? What rule?
Relevant
Proportional
R.26
Considerations of proportionality
- Importance of issues at stake
- Amount in controversy
- Parties’ relative access
- Parties’ resources
- Importance of discovery in resolving issues
- Whether burden or expense of discovery outweighs benefits
What are the five major objections to discovery?
- Privilege matter
- Work product
- Unreasonably cumulative or duplicative
- Had ample opportunity to obtain information by discovery in action
- Outside of scope (not relevant or not proportional)
Elements of Attorney-Client Privilege
- A communication
- Made between privileged persons
- In confidence
- For the purpose of obtaining or providing legal assistance
What must to be done to prevent waiver of privilege?
Assert privilege
How do you assert privilege?
- Expressly make claim
2. Describe nature of documents
What is your option if you accidentally produce privileged information?
Assert demand that other party return, sequester, or destroy material
What is the origin of Work Product Doctrine?
Created by Hickman v. Taylor (1947 USSC case)
What does the Work Product Doctrine protect?
Information prepared in anticipation of litigation
What approach does the Work Product Doctrine use to determine preparation in anticipation of litigation?
Primary purpose approach
What does Work Product Doctrine not protect?
- Pure facts
- Identify of individuals
- Witness statements
What kind of privilege does work product have?
Not absolute privilege
What do you need to assert objection to work product privilege?
- Necessity
2. Undue hardship
Types of Work Product
- Ordinary work product (qualified work product)
2. Opinion work product (absolute work product)
