Pretrial Procedures: Injunctions, Discovery, and Sanctions

Question 1

preliminary injunctions

Answer 1

equitable relief to preserve the status quo
Notice is required

Question 2

temporary restraining orders (TROs)

Answer 2

cannot exceed 14 days
notice may NOT be required

Question 3

discovery

Answer 3

purpose is to preserve testimony for trial, ascertain facts, determine undisputed factual matters
- parties may discover anything that is relevant, not privileged, and not work product

Question 4

work product

Answer 4

NOT discoverable unless there is a substantial need and undue hardship

NOTE: an attorney’s mental impressions are NEVER discoverable

Question 5

the 26(f) conference

Answer 5

initial disclosures of DISCS are made (damages, insurance agreements, computation supporting witnesses, and supporting documents)

Question 6

interrogatories

Answer 6

25 per side and a duty to investigate all answers

Question 7

request for admissions

Answer 7

matters are deemed admitted UNLESS a sworn denial is sent

Question 8

depositions and subpoenas

Answer 8

the only methods that can be used on a nonparty

Depositions are limited to 10 per side and one day of 7 hours each

Question 9

Rule 11 sanctions

Answer 9

every paper must be signed by the attorney or the unrepresented party
- if an improper paper is presented to the court, the court may impose sanctions
- Before making a motion for sanctions, the party must give the other party 21 days to correct or withdraw the challenged paper