Fed. Jurisdiction - Discovery

Question 1

Which of the discovery tools can be used to receive information from a non-party?

Answer 1

(1) Depositions (must subpoenaed) [parties do not need to be subpoenaed]
(2) Requests to Produce (must get a subpoena)

Question 2

For Interrogatories, Request to produce, Request for Admissions, how many day to you have to respond?

Answer 2

30 days

Question 3

Do you have a duty to supplement your response in federal court?

Answer 3

Yes, if things change.

Question 4

What is the scope of discovery? [What can you discover?]

Answer 4

Anything relevant to a claim or defense. (things that are reasonable calculated to lead to the discovery of admissible evidence) BROADER THAN FRE standard for relevance.

Cannot discover communications protected by privilege.

Question 5

When is work product (material produced for litigation discoverable)?

Answer 5

If requesting party shows there is

(1) a substantial need &
(2) Not otherwise Available

To claim privilege/work product, must claim expressly and particularly describe the material.

Question 6

Three Ways to Enforce Discovery Rules

Answer 6

1. Protective order - responding order seeks protective order (says they are too burdensome or a trade secret etc.)
2. Partial Violation party answers some and object to others. If object not upheld, this is a partial violation.
3. Total violation - Party fails to respond.

Question 7

Two Steps for Partial Violation

Answer 7

1. You move for an order compelling the party to answer the unanswered questions, plus costs (including attorney’s fees) of bringing motion.
2. If the party violates the order compling to answer, RAMBO sanctions plus costs (and attorney’s fees re the motion) and could be held in contempt for violating a court order (except for refusing medical exam

Question 8

One Step for Violation

Answer 8

One Step –> RAMBO Violations plus costs. No need to get an order compelling answers first.

Question 9

What are RAMBO Sanctions? (Severe sanctions

Answer 9

• Establishment order (establish facts are true)
• Strike pleading of the disobedient party (as to issues re the discovery)
• Disallow evidence from disobedient party
• Dismiss P’s case (if bad faith shown)
• Enter default judgment against D (if bad faith shown)