Pre-trial Disclosures and Discovery

Question 1

Mandatory Disclosures

Answer 1

• Initial Disclosures
• Expert Testimony
• Pretrial

Question 2

Initial Disclosures

Answer 2

names, addresses, and contact info of persons with potentially discoverable information

copies, descriptions, of relevant docs

computation of damages claimed

applicable insurance agreements

Question 3

Expert Witness Disclosures

Answer 3

• Names of expert witnesses who will be CALLED at trial
• Qualifications, publications, opinions, information on which they’ll base their opinions
• Other cases they’ve testified
• Compensation

Question 4

Pretrial Disclosures

Answer 4

• 30 Days before trial
• List of witnesses and exhibits
• Any objections must be made within 14 days after disclosure or they are waived unless excused by court for good cause.

Question 5

Discovery

Answer 5

you can discover anything that might be admissible at trial or might lead to anything admissible at trial

Question 6

Discovery Limitations

Answer 6

Unreasonably cumulative or can be obtained rom a more convenient or less expensive source

Question 7

Exception to Discovery

Answer 7

Privileges (Attorney client…work product.)

Question 8

Discovery Conference

Answer 8

Parties must confer at least 21 days before scheduling conference to consider the nature and bass of their claims/defenses and possibility of settlement.

Question 9

Oral Depositions

Answer 9

can take place any time after mandatory initial disclosure and limited to 10 per party unless you show good cause to the court. (under oath)

Any kind of notice suffices

Discoverability does not equal admissibility

Question 10

Interrogatories

Answer 10

Questions asked in writing to be answered under oath in writing

May only be used against a PARTY…no witnesses!

Limited to 25 interrogatories, unless court allows more

Responses are required within 30 days.

Question 11

Request to produce documents

Answer 11

a party has 30 days from being served with request to respond

Applies only to documents, things, and land under the control of a PARTY

Question 12

Physical/Mental Exams:

Answer 12

Court may order a party to submit to physical/mental exam if their physical/mental condition is in CONTROVERSY.

must show good cause

Question 13

Requests for Admission

Answer 13

failure to respond within 30 days is an admission.

Certification: responses to this request must be signed by the attorney of record.

Question 14

Enforcement Sanctions

Answer 14

Court can immediately impose sanctions in the following instances:

1. failure to attend one’s own deposition
2. failure to respond to interrogatories
3. Failure to respond to a request for documents or things.

Question 15

Electronically Stored Information

Answer 15

Should be preserved…of lost through unreasonable conduct of a party, the court may order measures to cure the prejudice to the other party.

if the material was destroyed with the INTENT to prejudice the other party, the court may instruct the jury that it must presume the info was unfavorable, or dismiss the action/enter default judgment.

Question 16

Pre-Trial Conference

Answer 16

Court may direct counsel and unrepresented parties to appear for pretrial conferences for purposes such as expediting disposition of the action, effective case management, and facilitating settlement.