Pre-trial procedure and discovery Flashcards
When is discovery not permitted?
If it is any of:
- Privileged;
- Sought in bad faith;
- Embarrassing, oppressive, burdensome, etc.
- Attorney work product or opinion; or
- requiring unreasonable investigation by a party or witness.
How does Pennsylvania’s work product doctrine differ from federal practice?
Non-attorney legal representatives only have protectable work product when containing mental impressions relating to litigation strategy
Does Pennsylvania have automatic disclosures?
No
Can a party use an interrogatory to ask the other party who they expect to call as an expert witness at trial and what he’ll testify about?
Yes, and the other party can answer with an expert report
If a party fails to identify a testifying expert, can the expert be barred from testifying?
Yes
When does Pennsylvania require supplementation of previous discovery?
Only when:
- A party or expert’s prior response is now incorrect;
- There is additional information about people aware of discoverable information; or
- A change in identity of who will be called as a witness or the substance of their testimony
Can a plaintiff seek pre-complaint discovery?
Yes, by filing a praecipe for writ of summons to obtain information necessary to draft a complaint
Can a plaintiff use discovery to obtain insurance information?
Yes, even if inadmissible
When can a plaintiff commence discovery into the opposing party’s finances?
Through a court order for a claim for punitive damages
Does Pennsylvania limit how many interrogatories can be served on a party?
No, but a court may limit them
Does Pennsylvania limit how many depositions a party may take?
No
If an action commenced with a complaint, when is early discovery appropriate?
Unless given leave by court, only when the person to be deposed is:
- Old or infirm; or
- About to leave the county in which the action is pending to outside PA or 100 miles from the courthouse
For what purposes can a deposition be used?
For any purpose at trial
What standard governs ESI?
A proportionality standard
What is the deadline to respond to an MSJ in PA?
30 days
What is Pennsylvania’s Nanty-Glo rule?
Oral testimony of the moving party alone, either through testimonial affidavits or depositions, is generally insufficient to establish the absence of a genuine issue of material fact because credibility of witnesses is an issue of fact for the jury.
At least how many times a year must Pennsylvania courts initiate proceedings to dismiss actions for failure to bring the matter to trial?
At least once a year
When can a court enter judgment of non pros?
When no activity has occurred for a period of two years or more
How many days do parties have to respond to a notice of proposed dismissal for non pros?
30 days; if no intention to proceed is filed, the case is terminated with prejudice
How many days does a party have to reinstate a case dismissed for non pros?
60 days, but if more than 60 have passed, good cause may be shown. There are no second reinstatements, however.
What elements must a defendant show to obtain dismissal of an action for non pros?
Must show:
- Lack of diligence causing unreasonable delay;
- Actual prejudice; and
- No compelling reason for delay.
What are the two ways a plaintiff can voluntarily dismiss a case?
- Discontinuance; or
2. Voluntary non-suit
Is leave of court required for filing a discontinuance before trial?
No, but leave is required if against fewer than all opposing parties
Are discontinuances permitted without court approval if the plaintiff is a minor or incompetent?
No
Are discontinuances permitted without court approval in class actions?
No
Does a discontinuance result in dismissal with prejudice?
No
When is voluntary non-suit available?
If trial has begun, upon a showing of good cause and leave of court
Are pre-trial conferences mandatory in PA?
No
Are pre-trial statements mandatory in PA jury trials?
Yes
When are pre-trial statements due?
By the plaintiff, 60 days before trial; by defendant, 30 days
What must a pre-trial statement include?
- Statement of the case;
- list of the types and amounts of damages claimed;
- List of witnesses and their locations;
- Exhibit list;
- Copies of expert reports, responses to expert ROGs, and
- Stipulations.
What is the PA right to a jury?
12 members and for all actions by which trial by jury was a matter of right when the PA Constitution was adopted
When is the deadline for making a jury demand?
20 days after the service of the last pleading
Does PA require unanimity in civil verdicts?
No; if 10 of the 12 agree a verdict may be rendered
How many peremptory challenges do litigants get in civil cases?
Four; multiparty actions may have more
