Pretrial Procedures

Question 1

Define: Temporary Restraining Order

Answer 1

Stop-Gap measures that last until court decides whether to grant a preliminary injunction

Will last until date that court sets but cannot exceed 14 days (unless it is later shown there is good cause to extend)

If the order is issued without notice, a motion for preliminary injunction must be set for hearing at the earliest possible time

On two days notice, the adverse party may move to dissolve or modify the court order

Generally not immediately appealable unless they have the practical effect of an injunction

Question 2

Purpose of Discovery

Answer 2

to preserve testimony for trial, ascertain facts, and determine the undisputed factual matters at issue

Question 3

Discovery Requirements

Answer 3

1. Must be relevant to party’s claim and proportional to the needs of the case
2. It must not be privileged
3. Must not be a “work product” - material prepared in anticipation of litigation

Question 4

Are written statements given by witnesses discoverable?

Answer 4

Maybe, if the other party can show substantial need and undue hardship (aka inability to obtain the statement through other means)

Question 5

Are ordinary business records considered work products?

Answer 5

No, only those prepared in anticipation of litigation

example: attorney theory of the case notes

Question 6

Define: Protective Order

Answer 6

Court order limiting discovery to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense

Question 7

Define: 26(f) meeting of parties

Answer 7

• 21 days before 16(b) scheduling conference is held or scheduling order is due
• Parties must meet to discuss their claims and defenses, possibility of settlement, initial disclosures, and the discovery plan
• Plan must be outlined in writing for the court within 14 days after meeting

Question 8

Define: 16(b) Scheduling Conference

Answer 8

• Within 90 days after defendant has been served with complaint or within 60 days of when the defendant has appeared
• Court must enter a scheduling order which will limit the time for joinder, motions, discovery
• Can be modified upon showing of good cause
• may be held via telephone, mail, or in person

Question 9

List Federal Automatic Disclosures

Answer 9

1. Initial Disclosures
2. Testifying expert disclosures
3. Pre-trial Disclosures

Question 10

What must parties disclose in their initial disclosures?

Answer 10

1. a damages computation and copies of materials which the computation is based
2. copies of insurance agreements under which an insurer may be liable
3. names and addresses of all potential supporting witnesses
4. copies or descriptions of all relevant supporting documents

Note: parties do not have to disclose unfavorable witnesses or info

Question 11

What is required for Testifying Expert Disclosures?

Answer 11

1. provided 90 days before trial
2. disclose the names of their testifying witnesses
3. include a report concerning their opinions, the bases of those opinions, their qualifications, compensation, and other info

Question 12

What is required for Pretrial Disclosures?

Answer 12

Must disclose 30 days before trial:

1. identity and reports of all experts
2. names of witnesses to be called at trial
3. documents and depositions the parties plan to offer at trial