Learning about case - Discovery

Question 1

What is initial disclosure?

Answer 1

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.

Question 2

What’s the difference between an expert witness and a consulting witness?

Answer 2

Expert witness may be used at trial, consulting expert helps prepare case but not called to testify at trial.

Question 3

Regarding expert witnesses, what must each party generally disclose to other parties?

Answer 3

Identity of witness, written report including opinions they will express, bases for those opinions, facts used to form then and their qualifications / pay rate.

Question 4

Can an expert witness be deposed?

Answer 4

Yes they can, but can be paid a reasonable fee per hour when you are doing it.

Question 5

What is pretrial mandatory disclosure?

Answer 5

No later than 30 days before trial, give detailed information about trial evidence and what will be introduced at trial.

Question 6

When can a party first request discovery from other parties?

Answer 6

After s26(f) conference

Question 7

What is a deposition?

Answer 7

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

Question 8

What’s the limits placed on depositions?

Answer 8

Non part can only be required to travel 100 miles, can’t take more than 1- or do same twice. Cannot exceed 7 hours.

Question 9

What are interrogatories?

Answer 9

Written questions answered in writing under oath

Question 10

Who can you send interrogatories to?

Answer 10

Parties only!

Question 11

How long do people served with interrogatories have to respond with their answers/objections?

Answer 11

Maximum 30 days from service

Question 12

What are the maximum number of interrogatories you can send to a party?

Answer 12

25 unless the Court gives you leave to send more.

Question 13

What if answers to interrogatories can be found in records?

Answer 13

Can give the records over.

Question 14

At trial can you use your own answers to them?

Answer 14

No

Question 15

How do you go about making a request to produce? What’s it all about?

Answer 15

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).

Question 16

Can I require a medical exam?

Answer 16

With court order yes. Have to show person’s health is in actual controversy, i.e. you need good cause.

Question 17

Who can be ordered to undergo a medical exam?

Answer 17

Party or someone in party’s custody or legal control.

Question 18

Can i see a copy of the medical report I get?

Answer 18

Yes, but you waive privilege.

Question 19

Who can I send a request for admission to?

Answer 19

Parties only

Question 20

How long does party have to respond to a request for admission?

Answer 20

30 days

Question 21

If it says admit or deny in request for admission and you don’t?

Answer 21

You have admitted

Question 22

Do you have a duty to supplement your admission if things change?

Answer 22

Yes

Question 23

What’s in the standard scope of discovery?

Answer 23

Anything relevant, including harmful, must be proportional though.

Question 24

What is work product?

Answer 24

Trial preparation materials (prepped in anticipation of litigation)

Question 25

What is qualified work product?

Answer 25

Partially discoverable materials if there is a substantial need or something like a witness statement is not otherwise available.

Question 26

What is absolute work product?

Answer 26

It cannot be discovered because it is mental impressions, opinions, conclusions and legal theories.

Question 27

What if I assert privilege over my work product?

Answer 27

If it is claimed, you must expressly claim it and describe materials in detail. Chuck it in your privilege log.

Question 28

What are the three ways the courts get involved in discovery disputes?

Answer 28

1) Protective order
2) Partial response
3) No response

Question 29

What sanctions will the court impose for breaching discovery obligations?

Answer 29

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.