Discovery - Scope - The Rest

Question 1

Rule 30(a)(1)

Oral Deposition Without Leave

Answer 1

A party may depose any person by oral questions without leave of the court except as provided by Rule 30(a)(2)

Question 2

Rule 30(a)(2)

Oral Depositions With Leave

Answer 2

A party must obtain leave and the court must grant leave to the extent consistent with Rule 26(b)(1) and (2)

• If the parties have not stipulated to the deposition and
  
  • The deposition would result in more than 10 depositions being taken
  • The deponent has already been deposed in the case or
  • The party seeks to take the deposition before the time specified in Rule 26(d), unless the deponent is expected to be unavailable after that time
• If the deponent is in prison.

Question 3

Rule 31(a)(1)

Written Deposition Without Leave

Answer 3

A party may depose any person by written questions without leave of the court except as provided by Rule 31(a)(2)

Question 4

Rule 31(a)(2)

Written Depositions With Leave

Answer 4

A party must obtain leave and the court must grant leave to the extent consistent with Rule 26(b)(1) and (2)

• If the parties have not stipulated to the deposition and
  
  • The deposition would result in more than 10 depositions being taken
  • The deponent has already been deposed in the case or
  • The party seeks to take the deposition before the time specified in Rule 26(d), unless the deponent is expected to be unavailable after that time
• If the deponent is in prison.

Question 5

Rule 33(a)(1)

Number of Interrogatories

Answer 5

A party may not serve more than 25 written interrogatories on another party without leave of the court.

Question 6

Rule 33(a)(2)

Scope of Interrogatories

Answer 6

An interrogatory may relate to any matter under Rule 26(b).

Question 7

Rule 34(a)(1)

Producing Documents Etc.

Answer 7

Any party may serve another party with a request within the scope of Rule 26(b) to produced and let the requesting party to inspect, copy, test or sample

• Any documents or electrically stored information
• Any designated tangible things

Question 8

Rule 34(a)(2)

Producing Land

Answer 8

Any party may serve another party with a request within the scope of Rule 26(b) to permit entry into any designated land so that the requesting party can inspect, measure, survey, photograph, test or sample the property or objects or operations on it.

Question 9

Rule 35(a)(1)

Medical Examinations

Answer 9

If a party’s physical or mental condition is in question in an action that is pending, the court may issue an order for that person to be examined by a qualified professional. The court may order the same for someone in its custody or legal control.

Question 10

Rule 35(a)(2)

Motion and Notice for Medical Examinations

Answer 10

The order

• May be made on motion for good cause and on notice to all the parties and the person being examined
• Must specify the time, place, manner, conditions and scope of the examination, as well as the person or people who will perform it

Question 11

Rule 36(a)(1)

Request for Admission Scope

Answer 11

A party may serve on any other party in a pending action the truth of any matters within the scope of Rule 26(b)(1) relating to

• Facts, the application of law to fact, or opinions about either
• The genuineness of any described documents

Question 12

Rule 36(a)(2)

Request for Admission Form

Answer 12

Each matter must be stated separately.

A request for genuineness must include a copy of the document

Question 13

Rule 36(a)(3)

Request for Admission Time to Respond

Answer 13

A matter is admitted unless the party serves the requesting party with a written objection or answer within 30 days of being served

Question 14

Rule 36(a)(4)

Request for Admission Answer

Answer 14

If a matter is not admitted, the answer must deny it or explain why it cannot admit or deny it. Lists instructions

Question 15

Rule 36(a)(5)

Request for Admission Objections

Answer 15

The party must state the grounds for an objection and it cannot be just that the request presents a genuine issue for trial

Question 16

Rule 36(a)(6)

Request for Admission Motion Regarding the Sufficiency of an Answer or Objection

Answer 16

The requesting party may move to determine the sufficiency of an answer or objection. The court must order the answer to be served, unless the objection is justified. If the answer doesn’t comply with this rule, the court may admit the matter or order an amended answer.

Question 17

Hickman v. Taylor

Work Product

Answer 17

Opposing counsel must demonstrate necessity, justification, or undue hardhship for access to counsel’s written statements, private memoranda, and personal recollections.

Question 18

Ordinary or Factual Work Product

Answer 18

Oral or written statements from witnesses and any facts that are gathered

Question 19

Opinion Work Product

Answer 19

The lawyer’s opinions, ideas or strategies

Question 20

Expert Work Product

Answer 20

Experts who are going to testify at trial must produce reports and are subject to pretrial discovery by deposition. Experts who are not going to testify are not ordinarily subject to discovery.

Question 21

Intangible Work Product

Wright v. Miller

Answer 21

Most courts still use Hickman’s protection of work product, which is broader than Rule 26(b)(3)(A) and includes intangible work product

Question 22

Specific Approach to Work Product

Answer 22

The person invoking the work product protection must show that the materials were prepared for a specific claim that would likely lead to litigation.

Question 23

Ad Hoc Approach to Work Product

Answer 23

The court asks if the material was made in preparation of litigation

Question 24

Primary Purpose Approach to Work Product

Answer 24

The primary motivation for preparing the work product must be for possible litigation. Factors to determine this include

• How the document is labeled
• Whether a lawyer was involved in the preparation
• Whether the document comments on litigation and
• Whether it has a regular business purpose