J. Disclosure Flashcards
When does general scope of right of disclosure apply?*
ALL matters material + necessary
- Burden of proof NOT relevant
NOT matters with absolute immunity
- Privileged matters
- Attorney work product
NOT matters with conditional immunity
- Material prepared for litigation
When may disclosure from Non-Party be allowed?*
Notice (subpoena) required
- Must state circumstances/reasons for disclosure
NO notice required where;
- Non-Party will depart from NY
- Non-Party is outside NY
- Non-Party lives at least 100 miles from trial location
- Non-Party is too sick/infirm to attend trial
- Non-Party is treating doctor/trial expert of party demanding disclosure
What is required for calling Expert Witnesses at trial?
1) Disclosure of subject matter to be testified on
- Reasonable detail is required
2) Substance of facts + opinions to be testified on
3) Expert W’s qualifications
4) Expert W’s opinion - Grounds
What is required for Deposition of Expert Witnesses?*
Court Order required
- Showing of special circumstances
- Subject to restrictions + provisions as court deems appropriate
NO Court Order required
- Experts authorised to practise medicine/dentistry/podiatry
When must written accident reports be disclosed?*
Prepared in regular course of business of any person/firm/corporation
UNLESS prepared by police for criminal investigation + disclosure would interfere with investigation
When must Party amend/supplement response to disclosure request?*
1) Promptly upon Party obtaining info
2) Response was incorrect/incomplete when made OR became incorrect
3) Failure to amend/supplement would be materially misleading
What type of docs may Party obtain full disclosure of?
Films Photos Video tapes Audio tapes Transcripts Memoranda
On what bases may Court determine method and scope of E-discovery?
- Potential type of ESI
- Relevant time frame
- Manner of maintaining ESI
- Preservation plan implementation for ESI
- Scope + Form of production
- Anticipated cost + burden of data recovery
When is discovery of ‘private’ social media data allowed?
Request for discovery is reasonably calculated to lead to evidence ‘material + necessary’ to litigation
(Setting social media data to ‘privacy’ settings will NOT prevent disclosure)
What are the restrictions towards the use of written interrogatories?*
NO Bill of Particulars must be demanded of same Party
NO deposition must be conducted of same Party with NO leave of Court
- In action seeking damages for personal injury/property damage/wrongful death
What type of disclosure methods do NOT require leave of court?
Depositions
Interrogatories
Demands for addresses
Discovery + Inspection of Documents/Property
Physical/Mental examinations
Requests for admission
