Learning about case - Discovery Flashcards
What is initial disclosure?
Within 14 days of rule 26(f) conference, parties must disclose information of people that have discoverable information that supports their case and any documents/things that may be used to support claims/defenses.
1) Name subjects who have information
2) Actual documents or descriptions.
3) QUantum information and details of insurance cover.
What’s the difference between an expert witness and a consulting witness?
Expert witness may be used at trial, consulting expert helps prepare case but not called to testify at trial.
Regarding expert witnesses, what must each party generally disclose to other parties?
Identity of witness, written report including opinions they will express, bases for those opinions, facts used to form then and their qualifications / pay rate.
Can an expert witness be deposed?
Yes they can, but can be paid a reasonable fee per hour when you are doing it.
What is pretrial mandatory disclosure?
No later than 30 days before trial, give detailed information about trial evidence and what will be introduced at trial.
When can a party first request discovery from other parties?
After s26(f) conference
What is a deposition?
Person giving live testimony in response to questions of Counsel. You can depose parties or non parties but non parties have to be subpoena’d
What’s the limits placed on depositions?
Non part can only be required to travel 100 miles, can’t take more than 1- or do same twice. Cannot exceed 7 hours.
What are interrogatories?
Written questions answered in writing under oath
Who can you send interrogatories to?
Parties only!
How long do people served with interrogatories have to respond with their answers/objections?
Maximum 30 days from service
What are the maximum number of interrogatories you can send to a party?
25 unless the Court gives you leave to send more.
What if answers to interrogatories can be found in records?
Can give the records over.
At trial can you use your own answers to them?
No
How do you go about making a request to produce? What’s it all about?
Make available for review documents, ESI or things to permit you to enter property to inspect. It can be of parties or non parties (with a subpoena).
Can I require a medical exam?
With court order yes. Have to show person’s health is in actual controversy, i.e. you need good cause.
Who can be ordered to undergo a medical exam?
Party or someone in party’s custody or legal control.
Can i see a copy of the medical report I get?
Yes, but you waive privilege.
Who can I send a request for admission to?
Parties only
How long does party have to respond to a request for admission?
30 days
If it says admit or deny in request for admission and you don’t?
You have admitted
Do you have a duty to supplement your admission if things change?
Yes
What’s in the standard scope of discovery?
Anything relevant, including harmful, must be proportional though.
What is work product?
Trial preparation materials (prepped in anticipation of litigation)
What is qualified work product?
Partially discoverable materials if there is a substantial need or something like a witness statement is not otherwise available.
What is absolute work product?
It cannot be discovered because it is mental impressions, opinions, conclusions and legal theories.
What if I assert privilege over my work product?
If it is claimed, you must expressly claim it and describe materials in detail. Chuck it in your privilege log.
What are the three ways the courts get involved in discovery disputes?
1) Protective order
2) Partial response
3) No response
What sanctions will the court impose for breaching discovery obligations?
Re partial response, you move for order if violated its RAMBO.
Re no response, RAMBO plus costs. Establishment orders strike pleadings, disallow evidence and dismiss P’s cause to enter default judgment.
