Pretrial Procedure and Discovery

Question 1

What are the Rule 26 mandatory disclosures?

Answer 1

1. Initial disclosures
2. Expert disclosures
3. Pre trial disclosures

Question 2

What is required in initial disclosures?

Answer 2

1. Persons with knowledge
2. All relevant documents.
3. Computation of each category of damages.
4. Insurance agreements

Question 3

What is the timing for initial disclosures?

Answer 3

Parties must have a discovery conference as soon as practicable and make good faith effort to draft discovery plan including timing for initial disclosures.

Question 4

What are the basic rules for depositions?

Answer 4

1. All plaintiffs or defendants are limited to a total of 10 depositions-written or oral.
2. Depositions are limited to 7 hours except by order or agreement.

Question 5

What are the basic rules for interrogatories?

Answer 5

1. Must be limited to relevant matters and proportionate to the needs of the case.
2. Limit of 25.
3. 30 days to answer.

Question 6

What is the range of a subpoena?

Answer 6

1. Within 100 miles of where the person resides, is employed or regularly transacts business.
2. For trial only, anywhere in the state if it would not cause substantial expense.

Question 7

When can an action be dismissed without leave of court?

Answer 7

Any time before files a responsive pleading.

Question 8

When is a voluntary dismissal with prejudice?

Answer 8

When the same claim has been voluntarily dismissed once before. The “two dismissal” rule.

Question 9

What is the standard for voluntary dismissal by court order?

Answer 9

Whether the dismissal would unfairly prejudice the defendant.

Question 10

What is the deadline for a motion for new trial?

Answer 10

28 days after entry of judgment.

Question 11

What is the deadline for a notice of appeal?

Answer 11

30 days from the date of the judgment or order on any post trial motions.

Question 12

What is the standard of review on appeal for:
Findings of fact
Legal rulings
Discretionary rulings

Answer 12

Findings of fact: Clearly erroneous
Legal rulings: de novo
Discretionary rulings: Abuse of discretion