Post Midterm Cards Flashcards
Rule 26(b) (1) and (2) (A), (B) Discovery Scope
(1) Parties MAY obtain discovery regarding any nonprivileged matter relevant to any party’s claim/defense and proportional to needs of case
(2) (A) Court MAY alter limits of depositions and interrogatories
(B) Party MUST show that ESI is not reasonably accessible b/c of undue burden/cost
19 (a)
Necessary Parties
- if joinder will not deprive SMJ MUST be joined if
- —–court cannot accord complete relief among existing parties; or
- —–person claims interest relating to the subject of the action
- —–necessary parties are one’s whose ability to protect their interest would be impaired because of that parties absence from litigation
<p>Rule 26(b) (2) (C)
| Discovery Scope </p>
<p>1. Court MUST limit the frequency or extent of discovery otherwise allowed by these rules if it determines that:
(i.) discovery sought is unreasonably cumulative or duplicative or can be obtained elsewhere more convenient, less burdensome, less expensive
(ii.) party seeking has had ample opportunity to obtain info by discovery in the action
(iii.) proposed discovery is outside the scope permitted by 26(b)(1)
</p>
Rule 26(b) (3) (A), (B) Trial Prep Materials
(A) Ordinarily party may not discover docs and tangible things prepped in anticipation of litigation. They may be discovered if:
(i.) they are otherwise discoverable under 26(b)(1)
(ii.) party shows substantial need for materials to prep its case and cannot, without undue hardship, obtain their substantial equivalent by other means
(B) if court allows discovery of those materials, it MUST protect mental impressions, conclusions, opinions, legal theories
Rule 26(b) (4) (A) (C)
Trial Prep Materials
Experts
(A) party may depose any person who has been identified as expert whose opinions may be presented at trial
(C) Protect communications between party’s attorney and witness regardless of form of communications except to the extent that communications:
(i.) relate to compensation for the expert’s study or testimony
(ii.) identify facts/data that party’s attorney provided and that expert considered in forming opinions or
(iii.) identify assumptions that party’s attorney provided and expert relied on in forming opinions
Rule 26(b) (4) (D)
Party may not discover facts known/opinions held by expert who has been retained/specially employed by another party in anticipation of litigation or to prepare and who is not expected to be called as witness. Party may do so only:
(i. ) Rule 35(b) or
(ii) . exceptional circumstances under which it is impracticable for party to obtain facts/opinions on same subject by other means
34-Request to Produce
- produce or permit to inspect, copy, test, or sample the things
- permit entry onto desginated land or other property or controlled by the responding party
- MUST describe with reasonable partcularity each item or category of items to be inspected;
- MUST specify a reasonable time, place, and manner for the inspection and for performing the related acts; and
- MAY specify the form or forms in which ESI is to be produced
- respond within 30 days
Rule 26(b) (5)
Privilege
(A) When party withholds info otherwise discoverable by claiming info is privileged or subject to protection as trial prep, the party MUST:
(i) expressly make the claim
(ii) describe nature of docs, communications, or tangible things not produced or disclosed - in a manner that w/o revealing info itself privileged or protected, will enable other parties to assess the claim
Rule 26(c) Protective Orders
(1) Party or person whom discovery is sought may move for protective order in court where action is pending
Motion MUST include good faith effort to resolve
Court may issue an order to protect party from annoyance, embarassment, oppression, or undue burden/expense including:
(A) forbidding disclosure or discovery;
(B) specifying terms, time and place of allocation of expenses, for disclosure or discovery
(C) prescribing a discovery method other than one selected by party seeking discovery
(D) forbidding inquiry into certain matters, or limiting scope of disclosure or discovery of certain matters
(E) designating persons who may be present while discovery conducted
(F) requiring deposition be sealed and opened only on court order
(G) requiring trade secret or confidential stuff be revealed only in specified way
(H) require parties simultaneously file specified docs or info in sealed envelopes to be opened as court directs
RULE 23 Class Action Prerequisites
- Size: class must be so large that jointer is impractical
- Common questions: must be questions of law or fact common to the class
- Typical claims: claims and defenses must be typical of those of the class
- Fair representation: reps must show they can adequately and fairly protect interests of the class, no conflicts of interest
Rule 26(b) (3) (C) Trial Prep Materials
(C) Any party or person may obtain the person’s own previous statement about the action or subject matter
Either:
(i.) written statement that the person has signed or otherwise adopted or approved; or
(ii.) contemporaneous stenograph, mechanical, electrical, or other recording – or transcription of it– that recited substantially verbatim the oral statement.
Rule 26(b) (4) (A)
Trial Prep Materials
Experts
(A) party may depose any person who has been identified as expert whose opinions may be presented at trial
(C)
19(b)
When Joinder is not Feasible
- —-4 factors
- -determines if suit can continue without the party
- extent to which any prejudice could be lessened or avoided by
- whether judgment in person’s absence would be adequate; and
- whether plaintiff would have an adequate remedy if the action were dismissed for nonjoinder
22 Interpleader (statute)
1335
TN v. NY and GA
-a person holding property which IS or MAY BE claimed by two or more adverse claimants to interplead those claimants.
-may serve process, NO MATTER WHERE IN THE US THAT CLAIMANT RESIDES OR IS FOUND
-diversity is satisfied as long as some two claimants are citizens of different states
-amount in controversy is $500
-stakeholder MUST deposit into court the amount of the property in question, or post a bond for that amount
22 Interpleader (rule)
any person who is or may be exposed to double or multiple liability.
- the stakeholder MAY invoke interpleader by coming into court on his own initiative, or by counterclaiming or crossclaiming as defendant in an action
- has no effect on ordinary jurisdictional and venue requirements
- complete diversity between everyone
- no nationwide service of process, normal process
- amount in controversy is $75,000
- stakeholder is not required to deposit the property or money into the court
