Lesson 8: Discovery

Question 1

Scope of Discovery

Answer 1

A party may inquire into all non-privileged information that is relevant to the subject matter of the action and is reasonably calculated to lead to the discovery of admissible evidence.

Question 2

Automatic Disclosure Requirements (3 Stages)

Answer 2

Stage 1 (within 14 days of mandatory discovery planning conference - Rule 26(f)):

• -Identity of individuals likely to have discoverable information relevant to the disputed facts.
• -A copy or description of documents and things in a party’s possession “relevant to the disputed facts.”
• -A computation of any category of damages, making available the supporting documentation thereto.

Stage 2 (at least 90 days before trial or in sequence directed by the court):

• -Identity of expert witnesses
• -Disclosure of detailed report of expert witnesses who have been specifically employed or retained, including their opinions and the grounds supporting them.

Stage 3 (at least 30 days before trial):
--Evidence (oral and documentary) which each party plans to use at trial.

Question 3

Work Product Doctrine

Answer 3

In order to qualify for work product protections, the materials must be:

1) Documents or other tangible things
2) Prepared in anticipation of litigation
3) Prepared by or for a party or that party’s representative.

Only qualified immunity extends to trial preparation materials.

To Overcome Work Product Doctrine:

Ordinary Work Product: There must be substantial need for the items, and the opposing party must be unable to obtain them without undue hardship.

Work Product Containing Mental Impressions of Attorney: Extreme necessity is required in order to obtain.