Week 4 Lecture

Question 1

5 tools for parties to communicate during discovery (the ONLY ways to communicate) and what part of the stick figure they try to get

Answer 1

1. RFP’s (what you have) 2. RFAs (what you have) 3. INTs (what you know) 4. Depositions (can also be used outside of parties with permission of the court) - what you know 5. IME (med exams) - what you are made of

Question 2

(1) and (2) are identifcal in form. The (3) includes a request to enter and inspect.

Answer 2

1. RFPs 2. RFAs 3. RFPs

Question 3

What receiving an INT, the first step is to (1). Do this by checking the (2) for how and when service was accomplished. For hand-delivery, response time is (3). For mail (including email), response time is (4).

Answer 3

1. calendar response time 2. mailing certificate 3. 40 days 4. 40 days PLUS 5 straight days added AFTER 40 day calculation is complete

Question 4

2 reasons including set number of INT titles is a good idea

Answer 4

1. implies more will be coming, and that you might send them at any time 2. easier to ID at trial

Question 5

Parts that may be included on a set of INTs (6 parts)

Answer 5

1. Intro 2. instructions (time, answer in full, etc.) 3. Definitions (which simplifies language of INTs) 4. INTs 5. sign & date 6. mailing certificate

Question 6

After the response time for an INT has been calendared, the next step is to give to the (1) and to the (2). In doing the latter, set up times for (3) and (4).

Answer 6

1. attorney 2. client 3. when the client should send the INT to the attorney 4. when the client should meet the attorney to talk about the answers (+tell the client to say EVERYTHING in response to attorney)

Question 7

INTs are (1) questions submitted between (2). They are used to obtain (3) and supplement (4). They are like the (5) of discovery. They are also used to determine the party’s (6) and to identify specific (7) and (8) that will support those.

Answer 7

1. written 2. parties (ONLY parties) 3. basic facts 4. disclosure information 5. airbag 6. legal claims or defenses 7. individuals 8. documents

Question 8

You cannot (1) documents in an INT, only ask to (2) them.

Answer 8

1. ask for 2. identify

Question 9

Federal laws allow (1) interrogatories; Arizona allows (2). Whether or not subparts are included depends on whether the INTs are (3) or (4). (5) allow a question with subparts to be included as one since these are formulated by the AZ Supreme Court. Limitations on INTs are (6) and more can be (7) or (8).

Answer 9

1. 25 2. 40 3. uniform 4. non-uniform 5. uniform 6. presumptive 7. agreed on 8. petitioned for from the court

Question 10

Response time to both INTs and RFPs is (1) in Arizona court and (2) in federal court.

Answer 10

1. 40 days 2. 30 days

Question 11

INTs are presumed good and have a (1). The burden is instead on (2). (3) is a bad objection because INT questions only have to (4) to (5).

Answer 11

1. low burden 2. objection 3. Relevance 4. lead 5. admissible evidence

Question 12

2 advantages to INTs

Answer 12

1. inexpensive 2. efficient (if written well–lots of info gleaned in 40 days)

Question 13

When writing a UI to a lawyer, you can simply (1). For a non-represented party, (2). The limits in place are for what is being (3), not (4)–important for contingent questions.

Answer 13

1. refer them to the questions in the ARC 2. write out the questions 3. asked 4. answered

Question 14

2 disadvantages to INTs

Answer 14

1. limited to the parties 2. lack sponteneity

Question 15

The thing that separates a good case from a bad one is (1)

Answer 15

1. learning the facts of the case

Question 16

5 things to review in learning the facts of the case

Answer 16

1. pleadings 2. correspondence 3. attorney’s notes 4. legal research performed 5. disclosure statements

Question 17

4 parts to an INT

Answer 17

1. caption (title) 2. introductory paragraph 3. definitions 4. instructions

Question 18

3 things to include in an INT caption

Answer 18

1. serving party 2. receiving party 3. set (first, second, etc.)

Question 19

2 things to include in the introductory paragraph of an INT

Answer 19

1. recipient 2. response time

Question 20

When writing definitions in an INT, (1) and (2) them. These are (3) of key and often used terms and can increase efficiency by eliminating (4).

Answer 20

1. center 2. bold 3. your definitions 4. needles questions (you can refer to multiple things within the one definition)

Question 21

Instructions should be typed in (1) and (2). They can prevent (3) and (4). There is a duty to (5) them.

Answer 21

1. bold 2. center 3. confusion 4. wiggle room 5. supplement

Question 22

4 types if INTS

Answer 22

1. identify people 2. establish facts 3. identify documents 4. identify law

Question 23

A (1) can also be used as a “catch all” in INTs. (2) ask questions about the nature of a computer system.

Answer 23

1. summary paragraphs 2. ESIs

Question 24

3 things included at the very end of the INT

Answer 24

1. signature block with contact information 2. date and type of service (certificate) 3. name of person provided the request

Question 25

Answers to INTs must be (1) and must answer (2).

Answer 25

1. engrossed (restate INT question) 2. each part or subpart

Question 26

In answering an INT, there is a duty to make a (1) to obtain all information requested. If you cannot or will not provide an answer, you must include the (2). (3) must be qualified as such. The (4) can be invoked either by (5) or (6) if a response is incomplete or incorrect.

Answer 26

1. reasonable investigation 2. reason 3. hearsay 4. duty to supplement 5. agreement 6. court order

Question 27

Objections to INTs can be served with (1) or in (2).

Answer 27

1. responses 2. separate pleadings

Question 28

5 objections to INTs

Answer 28

1. relevance 2. vague 3. overbroad 4. unduly burdensome 5. privileges

Question 29

A request for production is a request to a (1) to provide specific (2) or (3).

Answer 29

1. party 2. documents 3. physical evidence

Question 30

Alternative ways to get documents from parties (other than RFPs)(3 ways)

Answer 30

1. Subpoena a NONPARTY (also required to depo a nonparty) 2. disclosure statements (required to disclose whatever documents are to be used at trial) 3. deposition (request to bring docs with them)(disadvantage = not much time to prep)

Question 31

(1) are NOT an alternative to RFPs–you can only ask to identify documents!

Answer 31

1. Interrogatories

Question 32

One way to get documents from nonparties is a (1). You can also (2).

Answer 32

1. subpoena deuces tecum 2. simply ask

Question 33

6 parts of an RFP

Answer 33

1. title 2. introductory paragraph 3. definitions and instructions 4. specific interrogatories 5. signature 6. certificate of service

Question 34

3 things the introduction of an RFP does

Answer 34

1. lists recipient 2. time response is due 3. references the rule under which they are propounded

Question 35

Instructions on RFPs can (1), (2) and (3).

Answer 35

1. prevent confusion 2. assist parties in responding 3. alleviate the need for other discovery (INTs, etc.)

Question 36

RFPs are limited to (1). MedMal RFPs are limited to (2). RFPs can request (3), (4), (5), or (6).

Answer 36

1. 10 2. four 3. wage information 4. written/recorded statements 5. exhibits to be used at trial 6. incident reports

Question 37

4 objections to RFPs

Answer 37

1. privilege 2. inadmissible/irrelevant 3. overbroad, vague, unintelligible (not sure what seeking, not easy to understand) 4. unduly burdensome (short response time, expensive, etc.)

Question 38

A (1) can be filed if there is a dispute related to an RFP and parties have made a good faith effort to resolve it.

Answer 38

1. motion to compel

Question 39

Each RFP must be responded to (1) in (2). It must have (3) answers and include (4).

Answer 39

1. separately 2. writing 3. engrossed 4. subparts

Question 40

If a party learns that a response to an RFP is incomplete or incorrect, they may (1) the response. This may be done by (2) or (3).

Answer 40

1. supplement 2. order of the Court 3. agreement

Question 41

A request for admission is a request filed between (1) in a lawsuit asking to admit the (2) of some (3) or (4). Its purpose is to (5), thereby simplifying the lawsuit.

Answer 41

1. parties 2. truthfulness 3. fact 4. opinion 5. reduce the number and nature of points in controversy

Question 42

3 uses of RFAs

Answer 42

1. authenticate genuineness of documents (need not determine truthfulness/relevance of actual doc) 2. authenticate truthfulness of certain facts or opinions (admit you ran a red light, client did outstanding work) 3. authenticate the application of law to facts (admit running red light was negligent)

Question 43

3 advantages to the RFA

Answer 43

1. cannot be overlooked/ignored 2. no limitation in federal court 3. eliminates unnecessary issues and arguments (efficiency)

Question 44

Limit of RFAs in (1) Federal Court and (2) Arizona court

Answer 44

1. none 2. 25

Question 45

6 parts to the RFA

Answer 45

1. Title 2. introductory request 3. definitions 4. instructions 5. specific requests 6. date, signature and mailing

Question 46

Every RFA should include a “bookend” (1) which (2) count against INT limitations.

Answer 46

1. NUI 2. does

Question 47

4 parts to be included in the bookend NUI

Answer 47

1. factual basis for denial of all RFAs 2. identity of all witnesses who can testify to those facts 3. identity of all docs supporting or evidencing denial 4. investigation undertaken to ascertain the factual basis for the denial

Question 48

Four choices to reception of an RFA

Answer 48

1. admit (judicial admission: admissible at trial) 2. deny (reasonable doubt–can be penalized if proven true) 3. refuse to admit or deny 4. object

Question 49

In Federal Court you may respond to an RFA with a refusal to admit or deny ONLY provided you have made (1) into the subject. In Arizona, you may respond with “(2)” and give the (3) but lack of (4) or (5) is not acceptable without reasonable inquiry.

Answer 49

1. reasonable inquiry 2. cannot truthfully admit or deny the matter 3. reason 4. information 5. knowledge

Question 50

4 main objections to an RFA

Answer 50

1. relevance 2. overbroad 3. compound requests 5. privileges