Discovery Phase Flashcards
Discovery tools
Depositions (30-32)
Interrogatories (33)
Request for documents (34)
Examination of mental/physical health (35)
Request for admission (36)
Motion to compel (37)
Disclosure (Rule 26)
Requirement to turn over basic information
Requires parties to identify and give contact information of anybody who has relevant knowledge about the case
Must turn over documents that may support claims and defenses
26(f)
Discovery plan meeting
26(c)
Protective order
Court can prevent certain materials from being brought up
Attorney client privilege
Communication between an attorney and their client without anybody else present for the purpose of securing a legal opinion or services
Work product privilege
Documents that were made in anticipation of litigation (pending or future)
Opinion work product
Mental impressions
Generally not discoverable
Must be protected
Exceptions to opinion work product
Mental impressions are at issue in the case
Need for material is compelling
Privilege waivers
Waive through disclosure
Inadvertent disclosure
Waive through disclosure
Voluntarily shared
Disclosure of some may lead to disclose of all
Inadvertent disclosure 26(b)(5)(B)
Notify party that it was wrongly sent
Must be returned or destroyed
Factors to be considered by the court
-reasonableness of the precautions taken
- promptness to rectify
- scope of the error
- overriding issue of fairness
Crime and fraud
Sought legal advice for crime or fraud
No attorney client privilege
Failure to make a disclosure (37)
Must give sanctions unless
- party acted in good faith
- does not promote fairness and good faith
Pre-trial settlement
Court may order parties into alternative dispute resolution
- cannot impose an undue burden
Summary Judgement (Rule 56)
No genuine issue of material facts
Have to view in light most favorable to the non-moving party
