Standard Disclosure Flashcards
What is the most common type of disclosure order?
Standard disclosure
What does standard disclosure require a party to disclose?
Documents on which he relies, adversely affects his or another party’s case, supports another party’s case
What are the questions that must be asked before standard disclosure?
1) Is it a document?
2) Is/was it in the party’s control?
3) Does it fall within standard disclosure?
What is the meaning of document:
a) Digital recordings b) Emails c) Photographs d) Text messages e) Voicemails f) Metadata
What is the meaning of in party’s control?
1) Document is or was in physical possession; or
2) Party has or had right to possession of document; or
3) Party has or had right to inspect or take copies
What is the concept of a reasonable search?
Party must make a reasonable search for documents falling into these categories
What factors are relevant in determining a reasonable search?
1) Number of documents involved 2) Nature and complexity of proceedings 3) How difficult/expensive it is to retrieve 4) Significance of document
When listing documents on the disclosure form, do you need to list each item individually in the second part?
No, you can describe generically documents
What must a disclosure statement include?
Extent of search made, certifies party understands duty, certifies, to knowledge, it has carried out duty
Who must the disclosure statement be made by?
The disclosing party
Who makes disclosure statement for company?
Appropriate office who must identify himself
What are the consequences of failing to disclose?
1) Cannot rely on that document 2) Contempt of court
What should a party do if additional documents come to light?
Create a supplemental list
