pretrial procedures and discovery Flashcards
Discovery only applies to proceedings in
circuit court
party may obtain discovery on any matter
not privileged that is relevant to he subject matter
insurance coverage
discoverable
work product not discoverable unless
substantial need and undue hardship to obtain the equivalent
experts hired for trial to testify
discoverable
experts solely to assist and not testify
not discoverable unless exceptional circumstances that they cannot obtain facts or opinions on same subject by other means
Supplemental responses
needed if incorrect or incomplete info has been given
max depos
no limit
depos may be offered in lieu of personal testimony if
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
interrogatories
written questions served on a party to answer; limit of 30 unless court provides otherwise
RFA
Admit a statement or fact; must file a response within 21 days of service
physical and mental exam
arises when at issue and examiner can file a written report that can be read into evidence
party must respond to interogatories, rfp, rfa
within 21 days. But if served with the initial complaint, 28 days
juries
only in circuit court; either side may request a jury trial
how many jurors
7; if amount is 25k or less,5
party seeking trial by jury
must make a written demand or right is waived; must request within 10 days of last pleading
jury’s verdict must be
unanimous
equitable claims, there is no right
to jury except establish, probate a will, plea in equity
mixed claims
jury decides law based-claim and the fact issues before it and jury will apply factual findings to equitable claim
view of place
allowed with permission of judge
commissioner in chancery
equitable claims, commissioner hears evidence, does research and makes a report to court
party must object within
10 days of filing the report
jury instructions
given before closing arguments; must object at time of court’s rulings and state grounds for instruction
summary judgment
used after responsive pleadings have been filed; either side can move
can summary judgment be used in divorce or annulment cases
no
when can it not be granted?
material facts are in dispute
court considers
pleadings, pretrial order, admissions, etc
can they use depos?
no to sustain (unless all parties agree) but can be used to oppose it
appellate court makes decision based on
record from trial
to preserve an error on the record a oarty must
make a timely objection w/ grounds
excluded evidence
make a proffer to preserve it on appeal
juror cannot be called to testify about jury misconduct
in jury room, but can if they did like outside research
motion to strike the evidence
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,
motion to strike
even ifi court takes other side’s evidence as true, it is not enough evidence for the case to go to jury
what does court consider in a motion to strike?
moving party admits all evidence and non-moving side is eneitled to any reasonable inferences from the evidence
when a motion is made at the end of p’s presentation, d puts on evidence,
they must move again to preserve it on appeal
