Discovery Tools Flashcards
6 discovery tools?
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.
T or F? There are no automatic disclosures in PA.
True.
***The scope of discovery includes any info that is . . . (3)
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.
If you see any question on the bar on discovery, be sure to discuss . . .
The SCOPE of discovery
Discovery is not allowed if: (3)
Sought in bad faith
Would cause unreasonable annoyance, embarrassment, oppression, burden, or expense
Would require an unreasonable investigation by deponent, party, or witness
In PA, how is the WP exception different than Fed?
Only applies to attorney WP
In PA, witness statements are/aren’t discoverable.
Are (different from fed ct)
Reports of investigators are/aren’t disc?
Are
Notes written by lawyer are/aren’t disc?
Aren’t
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?
Isn’t x2
Notes concerning trial strategy are/aren’t discoverable?
Aren’t
How does one party find out the other party’s expert witnesses?
Through expert witness rogs.
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?
Isn’t
Do you have a right to depose the other party’s expert witness?
No, only if there is good cause (different from fed)
If P has to submit to a physical exam, does P’s attorney get to attend?
Yes
If P has to submit to a physical exam, does P get a copy of the report?
Yes, even if D does not intent to call that physician at trial.
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 . . .
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.
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.
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 . . .
Insurance coverage available to satisfy all or a part of any judgment that may be entered in the litigation is/isn’t discoverable?
Is
When may P discover D’s net worth? Still need this.
When punitive damages are being claimed
Need a court order.
There is/isn’t a general duty to supplement discovery responses.
Isn’t
A party must supplement a response with respect to any question directly addressed to . . .
The identity and location of persons with knowledge of discoverable info (witnesses)
A party must amend a prior response after obtaining info revealing that the . . . (2)
Prior response was incorrect when made
Prior response, though correct when made, is not longer true.
What should an atty do when he receives request for objectionable discovery?
Motion for Protective Order.
Procedure to enforce discovery rules? (2)
File motion to compel
If no compliance, Motion for Sanctions
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?
Any
The dep of any witness may be used by any party for any purpose at trial if the witness is . . .
Unavailable.
The dep of a non-party medical witness may be use at trial for what purpose? What if they are available?
Any
Doesn’t matter
T or F? When you depose an agent of the gov’t, you are deposing the gov’t.
T.
