Pretrial Proc's - Discovery Flashcards
Rule 26(f) Conference.
The parties must confer as soon as it is practicable to:
Consider their claims and defenses, the possibility of settlement, initial disclosures (see below), and a settlement plan;
AND
Submit to the court a proposed discovery plan addressing the timing and form of required disclosures, the subjects on which discovery may be needed, the timing of and limitations on discovery, and relevant orders that may be required by the court.
Note: Additional pretrial conferences may be held to expedite the trial and foster settlement.
Each party to an action MUST make certain initial disclosures, even if an opposing party does not ask for such information, within
14 days after the parties’ Rule 26(f) conference.
Required initial disclosures include:
The names, addresses, and telephone numbers of individuals likely to have discoverable information that the disclosing party may use to support its claims or defenses, UNLESS the use would be solely for impeachment;
Copies or descriptions of documents, electronically stored information, and tangible things that are in the disclosing party’s possession or control that the disclosing party may use to support its claims or defenses, UNLESS the use would be solely for impeachment;
A computation of damages claimed by the disclosing party and copies of materials upon which the computation is based;
AND
Copies of insurance agreements under which an insurer might be liable for all or part of any judgment that might be entered.
Scope of Discoverable Information.
Generally, discovery is permitted with regard to any non-privileged matter that is:
Relevant to any party’s claim or defense in the action;
AND
Proportional to the needs of the case.
You have forgotten this element, so be sure to remembrer. If there is another way for the party to get the information or something, may not be proportional to the needs of the case.
NotE: one significant exception is that a party does not normally have to disclose the identity of a potential witness, or produce a document, where the disclosing party’s use of that document or witness would be “solely for impeachment.”
The federal discovery rules thus currently establish a “two-tiered” approach to relevance:
“the first tier being attorney-managed discovery of information relevant to any claim or defense of a party, and the second being court-managed discovery that can include information relevant to the subject matter of the action.”
for the second tier, need GOOD CAUSE: good cause is needed to discover information that is “relevant to the subject matter in involved in the action.”
Limitations on Discovery.
On motion or on its own, the court is required to limit the frequency or extent of discovery if the court determines that:
The discovery sought is unreasonably cumulative or can be obtained from some other source that is more convenient or less expensive;
OR
The party seeking discovery had ample opportunity to obtain the information by discovery in the action.
Depositions. A party may take the deposition of
any party or nonparty witness (with a subpoena) at any time after the party has made its initial disclosures.
Without leave of the court, the plaintiffs and the defendants, each as a group, are limited to 10 depositions by oral or written examination.
A party who seeks an oral deposition of a person must
give reasonable written notice to every other party, stating the time and place of the deposition and, if known, the deponent’s name and address.
An oral deposition is limited to 1 day of 7 hours, unless the parties agree otherwise or the court orders otherwise.
If P seeking to depose the other party, the requesting party may choose to locate the deposition
anywhere it wishes, although the party deponent is free to move for a protective order to change the location. Moreover, both the requesting party and the party deponent may move the court for an order to take a deposition remotely (for example, by telephone or videoconference). See FRCP 30(b)(4). When there is a dispute about where the deposition will take place, the decision “is ultimately an exercise in the vast discretion a district court has in supervising discovery.” New Medium Technologies LLC v. Barco N. V., 242 F.R.D. 460, 462 (N.D. Ill. 2007). Keep in mind that a different rule applies to the location of a deposition of a nonparty witness. FRCP 45(c)(l) sets limits to how far a nonparty deponent may be required to travel.
Subparagraph (A) limits it to within 100 of miles of where the person resides, is employed, or regularly transacts business in person. Subparagraph (B) limits it to the state of the person’s residence, employment, or regular in-person business transaction if the person is a party, a party’s officer, or is commanded to attend a trial and wouldn’t incur substantial expense.
Any party may serve no more than how many written interrogatories on any other party?
Any party may serve no more than 25 written interrogatories on any other party.
Interrogatories may NOT be used on nonparties.
Interrogatories may relate to
any non-privileged matter that is:
Relevant to any party’s claim or defense in the action;
AND
Proportional to the needs of the case.
Interrogatories must be answered
fully and separately under oath by the party to whom they are directed, unless the responding party objects by stating the specific grounds for the objection.
The responding party must serve its answers and any objections within
30 days after being served with the interrogatories
What is the duty to preserve relevant evidence?
When it can be reasonably anticipated that an action will be filed, all parties have a duty to preserve potentially relevant evidence.
The term “evidence” includes all information, including not just hard copy documents, but all electronically stored information on any medium and in any electronic format.
The work-product doctrine protects
materials prepared by an attorney or a client (or their agent) in anticipation of or during litigation from discovery by opposing counsel.
So make a note: does not have to be prepared by the attorney, can be done byt he party in ancitipation of litigation.