PreTrial Procedure and Discovery

Question 1

What are the types of Mandatory Disclosure

Answer 1

Initial Disclosure
Expert Testimony
Pretrial (evidence to be presented at trial other than impeachment)

Question 2

Initial Disclosure Req. & Standard

Answer 2

must disclosure individuals names who have discoverable information, documents supporting claims/defenses

Standard: reasonable available, party is not excused because they did not fully investigate the case

Question 3

What is the timing requirement for initial disclosure

Answer 3

Generally made with 14 days AFTER discovery conference

Question 4

What is Req. for Expert Testimony?

Answer 4

Must Id and produce expert report within 90 days before trial or 30 days after disclosure of oppsosing party’s expert witness

Question 5

Pretrial Disclosure Req.

Answer 5

witness list by testimony or deposition & documents and exhibits

at least 30 days before trial

Question 6

When can objections occur for pretrial evidndece?

Answer 6

within 14 days of disclosure or else waived

Question 7

What is duty for discovery?

Answer 7

duty to preserve potentially relevant evidence
duty includes affirmatively preventing destruction/alteration of evidence

Question 8

Scope of Discovery

Answer 8

promotional to the needs of the case
doesn’t need to be relevant to be discoverable
privilege information is not discoverable determined under common law for FQ and state for DJ or SJ

Question 9

Under what circumstances can discovery be limited?

Answer 9

• discovery is not relevant or proportional
  party not required to provide discovery for
• electronically stored information the the other party can reaonsable access
• party cant discover the other party trial prep materials

Question 10

Requirements for discovery conference

Answer 10

parties meet 21 days before conference to consider nature and basis of claims or defense & set scope of discovery

Question 11

What are discovery devices

Answer 11

oral depositions
interrogatories
request to produce documents
physical and mental exams
request for admission
subpoenas

Question 12

Oral Depositions

Answer 12

can take place any time after discovery conference and limited to 10 per party

Question 13

Interrogatories

Answer 13

25 written interrogatories per party relating to non-privilege matters

must be fully and separately answered

Question 14

When do you have to produce documents after Request to Produce has been made?

Answer 14

30 days to produce after request is made

Question 15

When are physical or mental exams permitted/

Answer 15

the court will order if condition is in controversy

Question 16

Ways to enforce discovery

Answer 16

motion to compel
sanctions (fails to obey may be punished)
electronically stored information

Question 17

What does dismissal apply to?

Answer 17

complaint, counterclaim, cross-claim, 3rd party claims

Question 18

Voluntary Dismissal

Answer 18

filing notice by stipulation or by court order

Question 19

What occurs when you file notice by stipulation for a dismissal

Answer 19

P can move to dismiss any time before D seeks summary judgment or D serves answer

done without prejudice

Question 20

What occurs then dismissal is by court order

Answer 20

decision to dismiss with or without prejudice is within the courts discretion

Question 21

What is involuntary dismissal and what are the affects?

Answer 21

P fails to prosecute or comply with the rules or court order, D moves to dismiss

if granted with prejudice counts as adjudication on merits

Question 22

What is default judgement and what are the consequences?

Answer 22

when a party has failed to please or otherwise defend the action, may be set aside for good cause

Question 23

What is standard for summary judgement?

Answer 23

no genuine dispute of material fact & movent is entitled to judgement as a matter of law

court looks to evidence in favor of nonmoving party

Question 24

What is burden of proof for summary judgement?

Answer 24

burden of persuasion to show prima facie case before the burden shifts to opposing party to show there is a genuine dispute of fact

Question 25

When must summary judgement be filled?

Answer 25

anytime until 30 days after close of all discovery

Question 26

What are exception if you fail to make expert disclosure in 90 days?

Answer 26

if harmless or substantial justification

Question 27

When is voluntary dismissal appropriate?

Answer 27

p may dismiss without consent if timely prior to service of answer or SMJD

Question 28

Service Requirement defendant- individual

Answer 28

State rules (court sits or service is made)
actual delivery deliver process to D personally or to agent authorized to recieve service
served D dwelling with a resident of suitable age and discretion

Question 29

When is service proper when US is party to the case?

Answer 29

must serve US attorney general as well as US Attorney for the district that the action is filled

Question 30

Where do you properly provide service?

Answer 30

To the plaintiffs attorney within the appropriate time frame, it must be filled with the clerk within a reasonabale time after service

Question 31

Is TRO interlocatory order?

Answer 31

yes which means that appralable unless time frame exceeds the time period beyond Rule 65

Question 32

Who is a proper individual that may serve the defendant?

Answer 32

anyone who is not party to case