Pre-trial Procedure & Discovery Flashcards
What are the 3 categories of mandatory disclosures?
What is required to disclose in initial discovery and when is it due?
What is required when disclosing expert testimony and when is it due?
What is required to disclose in pre-trial discovery and when is it due?
What is the general scope of discovery?
Discovery is generally permitted with regard to any non-privileged matter relevant to any party’s claim or defense. Information within the scope of discovery need not be admissible into evidence in order for it to be discoverable.
What are the rules surround the following discovery devices:
Oral Depositions, Interrogatories,
Request to produce documents,
Request for admissions
What are the parameters for voluntary dismissal before the trial starts? How does it affect re-fling in the future?
What are the parameters for involuntary dismissal before the trial starts? How does it affect re-fling in the future?
What is the required standard for a motion for summary judgment
What are the **timing restrictions **on filing an MSJ?
A MSJ is a claim that there is no genuine dispute as to any material FACT and as a result, the movant is entitled to judgment as a matter of law. The court will construe all evidence in the light most favorable to the non-movant.
The movant may include any admissible facts to support the motion, such as depositions, interrogatories or affidavits.
A MSJ may be filed anytime until 30 days after close of discovery; non-movant must generally be given sufficient opportunity to obtain discovery.
Who bears the burden of proof when a
Motion for Summary Judgment is filed?
The movant has the burden of persuasion to show a prima facie case for MSJ before the burden shifts to the opposing party to set forth specific evidence showing evidence of a genuine issue of FACT.
When may a party voluntarily dismiss a crossclaim, counter claim or 3rd party claim without a court order?
A party may dismiss any of those when (1) ALL parties sign a stipulation of dismissal, OR (2) claimant unilaterally files notice of dismissal BEFORE a responsive pleading is served, OR (3) If no responsive pleading is served, notice of dismissal may be filed anytime before evidence is introduced at trial.
