pretrial procedures and discovery

Question 1

Discovery only applies to proceedings in

Answer 1

circuit court

Question 2

party may obtain discovery on any matter

Answer 2

not privileged that is relevant to he subject matter

Question 3

insurance coverage

Answer 3

discoverable

Question 4

work product not discoverable unless

Answer 4

substantial need and undue hardship to obtain the equivalent

Question 5

experts hired for trial to testify

Answer 5

discoverable

Question 6

experts solely to assist and not testify

Answer 6

not discoverable unless exceptional circumstances that they cannot obtain facts or opinions on same subject by other means

Question 7

Supplemental responses

Answer 7

needed if incorrect or incomplete info has been given

Question 8

max depos

Answer 8

no limit

Question 9

depos may be offered in lieu of personal testimony if

Answer 9

witness is dead, witness lives further than 100 miles, unable to attend due to age, illness, infirmity, or imprisonment, unable to get subpoena, witness is out of state

Question 10

interrogatories

Answer 10

written questions served on a party to answer; limit of 30 unless court provides otherwise

Question 11

RFA

Answer 11

Admit a statement or fact; must file a response within 21 days of service

Question 12

physical and mental exam

Answer 12

arises when at issue and examiner can file a written report that can be read into evidence

Question 13

party must respond to interogatories, rfp, rfa

Answer 13

within 21 days. But if served with the initial complaint, 28 days

Question 14

juries

Answer 14

only in circuit court; either side may request a jury trial

Question 15

how many jurors

Answer 15

7; if amount is 25k or less,5

Question 16

party seeking trial by jury

Answer 16

must make a written demand or right is waived; must request within 10 days of last pleading

Question 17

jury’s verdict must be

Answer 17

unanimous

Question 18

equitable claims, there is no right

Answer 18

to jury except establish, probate a will, plea in equity

Question 19

mixed claims

Answer 19

jury decides law based-claim and the fact issues before it and jury will apply factual findings to equitable claim

Question 20

view of place

Answer 20

allowed with permission of judge

Question 21

commissioner in chancery

Answer 21

equitable claims, commissioner hears evidence, does research and makes a report to court

Question 22

party must object within

Answer 22

10 days of filing the report

Question 23

jury instructions

Answer 23

given before closing arguments; must object at time of court’s rulings and state grounds for instruction

Question 24

summary judgment

Answer 24

used after responsive pleadings have been filed; either side can move

Question 25

can summary judgment be used in divorce or annulment cases

Answer 25

no

Question 26

when can it not be granted?

Answer 26

material facts are in dispute

Question 27

court considers

Answer 27

pleadings, pretrial order, admissions, etc

Question 28

can they use depos?

Answer 28

no to sustain (unless all parties agree) but can be used to oppose it

Question 29

appellate court makes decision based on

Answer 29

record from trial

Question 30

to preserve an error on the record a oarty must

Answer 30

make a timely objection w/ grounds

Question 31

excluded evidence

Answer 31

make a proffer to preserve it on appeal

Question 32

juror cannot be called to testify about jury misconduct

Answer 32

in jury room, but can if they did like outside research

Question 33

motion to strike the evidence

Answer 33

accompanied by a motion for summary judgment and can be made by d when plaintiff rests his case, either party when both sides have rested, p when d rests his case,

Question 34

motion to strike

Answer 34

even ifi court takes other side's evidence as true, it is not enough evidence for the case to go to jury

Question 35

what does court consider in a motion to strike?

Answer 35

moving party admits all evidence and non-moving side is eneitled to any reasonable inferences from the evidence

Question 36

when a motion is made at the end of p's presentation, d puts on evidence,

Answer 36

they must move again to preserve it on appeal