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PA Civ Pro > Discovery Tools > Flashcards

Discovery Tools Flashcards

1
Q

6 discovery tools?

A

Rogs

Deps

RPDs

RFAs

Requests for Physical Exam of P

Requests to inspect, copy, test, or sample any tangible things in the custody or control of the other party.

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2
Q

T or F? There are no automatic disclosures in PA.

A

True.

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3
Q

***The scope of discovery includes any info that is . . . (3)

A

Not privileged

Relevant (i.e., helpful in proving an element) to the subject matter in the action; AND

Appears reasonably calculated to lead to the discovery of admissible evidence.

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4
Q

If you see any question on the bar on discovery, be sure to discuss . . .

A

The SCOPE of discovery

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5
Q

Discovery is not allowed if: (3)

A

Sought in bad faith

Would cause unreasonable annoyance, embarrassment, oppression, burden, or expense

Would require an unreasonable investigation by deponent, party, or witness

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6
Q

In PA, how is the WP exception different than Fed?

A

Only applies to attorney WP

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7
Q

In PA, witness statements are/aren’t discoverable.

A

Are (different from fed ct)

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8
Q

Reports of investigators are/aren’t disc?

A

Are

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9
Q

Notes written by lawyer are/aren’t disc?

A

Aren’t

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10
Q

Discovery is/isn’t permitted in PA of atty’s mental impressions, conclusions, opinions, notes, or legal theories. What about any rep of the party?

A

Isn’t x2

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11
Q

Notes concerning trial strategy are/aren’t discoverable?

A

Aren’t

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12
Q

How does one party find out the other party’s expert witnesses?

A

Through expert witness rogs.

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13
Q

In PA, a party is/isn’t allowed to discover the opinions or identity of experts retained in anticipation of litigation, but not expected to be called as a witness at trial?

A

Isn’t

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14
Q

Do you have a right to depose the other party’s expert witness?

A

No, only if there is good cause (different from fed)

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15
Q

If P has to submit to a physical exam, does P’s attorney get to attend?

A

Yes

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16
Q

If P has to submit to a physical exam, does P get a copy of the report?

A

Yes, even if D does not intent to call that physician at trial.

17
Q

If D’s rep has P examined by a doctor selected by D AND

If P can demonstrate a significant pattern of compensation received by this expert (from Ds in similar types of cases) that would support a reasonable inference that the doctor might color or slant his testimony in light of substantial financial incentives, then . . .

A

P can direct financial discovery to D’s expert to find out the compensation received, the % of the witness’ litigation-related activities devoted to a particular class of litigant AND the approximate income derived from litigation-related professional services.

18
Q

What (one thing) must P show before he can P can direct financial discovery to D’s expert doctor to find out the compensation received, the % of the witness’ litigation-related activities devoted to a particular class of litigant AND the approximate income derived from litigation-related professional services.

A

If P can demonstrate a significant pattern of compensation received by this expert (from Ds in similar types of cases) that would support a reasonable inference that the doctor might color or slant his testimony in light of substantial financial incentives, then . . .

19
Q

Insurance coverage available to satisfy all or a part of any judgment that may be entered in the litigation is/isn’t discoverable?

A

Is

20
Q

When may P discover D’s net worth? Still need this.

A

When punitive damages are being claimed

Need a court order.

21
Q

There is/isn’t a general duty to supplement discovery responses.

A

Isn’t

22
Q

A party must supplement a response with respect to any question directly addressed to . . .

A

The identity and location of persons with knowledge of discoverable info (witnesses)

23
Q

A party must amend a prior response after obtaining info revealing that the . . . (2)

A

Prior response was incorrect when made

Prior response, though correct when made, is not longer true.

24
Q

What should an atty do when he receives request for objectionable discovery?

A

Motion for Protective Order.

25
Q

Procedure to enforce discovery rules? (2)

A

File motion to compel

If no compliance, Motion for Sanctions

26
Q

A dep of a party, or of one who when the dep was take was a party or was an officer, director or managing agent of a party, may be used by the adverse party for which purpose at trial?

A

Any

27
Q

The dep of any witness may be used by any party for any purpose at trial if the witness is . . .

A

Unavailable.

28
Q

The dep of a non-party medical witness may be use at trial for what purpose? What if they are available?

A

Any

Doesn’t matter

29
Q

T or F? When you depose an agent of the gov’t, you are deposing the gov’t.

A

T.

PA Civ Pro (9 decks)

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