Pre-trial & Discovery

Question 1

Initial Required Disclosures

Answer 1

What:
-Identities of persons with discoverable information that that party may use to support his claims/defenses

-Docs/things that that party may use to support his claims/defenses

-Computation of relief and basis

-Insurance coverage

When:
in 14 days of Rule 26 conference

Question 2

Required Expert Disclosures

Answer 2

-Identify experts witnesses who may provide testimony at trial

-Final reports of those EWs

Question 3

Required Pretrial Disclosures

Answer 3

What:
-evidence
-witness list

When:
30 days before trial

Question 4

Depositions

Answer 4

Under oath
Party or non-party
Can be used to impeach deponent, for any purpose if deponent is an adverse party, for any purpose if the deponent is unavailable

Question 5

Interrogatories

Answer 5

Under oath
Parties only
Respond in 30 days

Question 6

Request to Produce

Answer 6

Documents/things
Parties only
Respond in 30 days

Question 7

Medical Exam

Answer 7

Requesting party must show health is in controversy and good cause for requesting.

Question 8

Request for Admission

Answer 8

Respond in 30 days
Failure to deny = admission

Question 9

Scope of Discovery

Answer 9

Anything relevant to a claim or defense and proportional to the needs of the case

Question 10

Work Product

Answer 10

Material prepared in anticipation of litigation is protected.

Some information is discoverable if the requesting party can show substantial need and undue hardship in obtaining the material another way.

Opinion material is never discoverable.

Question 11

Protective Order

Answer 11

May be given for annoyance, embarrassment, undue burden or expense.

Question 12

Sanctions

Answer 12

Partial Response: motion for order to compel (must certify tried to meet and confer first) –> costs/fees –> sanctions if no compliance with order

No Response: costs/fees and sanctions

Question 13

TRO

Answer 13

Immediate & irreparable harm –> maintain status quo til preliminary injunction hearing

Can be done ex parte if applicant files sworn affidavit as to immediate and irreparable harm, certifies efforts to give note, and posts a bond

Lasts 14 days with the chance of 1 renewal

Question 14

PI

Answer 14

Maintain the status quo til trial

Elements:
-likely to suffer irreparable harm
-likely to win on the merits
-balance of hardship favors you
-injunction is in the public interest

Immediately appealable

Question 15

Voluntary Dismissal

Answer 15

Can be done before defendant’s first response, otherwise need permission

Get one without prejudice

Question 16

Default

Answer 16

Plaintiff can move for entry of default if defendant fails to respond in time

Clerk enters

Plaintiff can seek default judgment

Clerk can enter if
-defendant has not appeared
-claim is for a sum certain
-plaintiff gives sworn affidavit of sum
-defendant is not a minor/incompetent

Judge must enter otherwise

Defendant must have notice if he appeared

Can be set aside for good cause

Question 17

Motion to Dismiss for Failure to State a Claim

Answer 17

If facts alleged by plaintiff are true, do they state a plausible claim?

-called motion for judgment on the pleadings if filed after answer

Question 18

Motion for Summary Judgment

Answer 18

In light most favorable to non-moving party…
-No genuine dispute of material fact
-Entitled to judgment as a matter of law

No later than 30 days after close of discovery