Discovery Disputes

Question 1

The classic __________ ________ arises when the requesting, party wants information to be produced and the responding party refuses to produce it based upon grounds such as relevance, privilege, work-product protection, or the undue burden or cost it will impose.

Answer 1

discovery dispute

Question 2

After the disputing parties meet and confer and are unable to negotiate a resolution on their own, there are two ways they can seek intervention by the court:
1.
2.

Answer 2

1)The requesting party files a motion to compel discovery under Rule 37.

2)The responding party files a motion for a protective order under Rule 26(c)

Question 3

___________ _________ is a _________.

Answer 3

protective order
shield

Question 4

______ ____ ________ is a ________.

Answer 4

motion to compel
sword

Question 5

Prevent information

Answer 5

protective order is a shied.

Question 6

Force somebody to give you information

Answer 6

motion to compel is a word

Question 7

It doesn’t matter who files the motion, the burden is on the ______ _________.

Answer 7

party responding

Question 8

If I file a protective order (shield), I have the burden. If you file a motion to compel (sword), I have the burden if I am responding. true or false.

Answer 8

true

Question 9

A party must first “_______ ______ ______” with the opposing party and make a good faith effort to resolve their dispute without first seeking the court’s intervention.

Answer 9

meet and confer

Question 10

Meet and confer can be accomplished in more than one way. Recommend:

Answer 10

call people

Question 11

If the meet-and-confer is unsuccessful, then the party can file a motion seeking a _______ ___________ under 26(C). The court must find good cause for the __________ _________.

Answer 11

protective order

protective order

Question 12

___________ ___________ may protect responding parties against abusive discovery requests, such as those seeking a large amount of unnecessary information that it would cost a great expense to produce.

Answer 12

protective orders

Question 13

Rule 37 sets forth the procedures to ________ _________ and consequences for failure to __________.

Answer 13

compel discovery

cooperate

Question 14

____________ _______ __________ are particularly appropriate where the requesting party believes the responding party:

o Is not legitimately claiming protection for the withheld material (i.e., asserting privilege when it doesn’t apply), or

o Has delayed in complying with the production request and appears to be stonewalling rather than making a good-faith effort to produce the requested material.

Answer 14

motions to compel

Question 15

An_____________ is somebody who has specialized knowledge through training, experience, or education.

Answer 15

expert

Question 16

The person who is going to come and sit on the witness stand and talk about whatever you have questions about.

Answer 16

Testifying Expert

FRCP 26(b)(4)

Question 17

We get to find out about this expert.

Answer 17

Testifying Expert

FRCP 26(b)(4)

Question 18

Can take this expert’s deposition!

Answer 18

Testifying Expert

FRCP 26(b)(4)

Question 19

When you are into things that you do not know anything about.

Answer 19

Consulting Expert

Question 20

We do not get to find out about.

Answer 20

Consulting Expert

Question 21

Cannot take this expert’s deposition!

Answer 21

Consulting Expert

Question 22

If Rule 26(a)(2)(B) requires a report from the expert, the __________ may be conducted only after the report is provided.

Answer 22

deposition

Question 23

Rules 26(b)(3)(A) and (B) protect drafts of any report or disclosure required under Rule 26(a)(2), regardless of the form in which the draft is recorded.

True or False

Answer 23

True

Question 24

What if you don’t know who your experts are going to be?

Answer 24

For every discovery device you have an ongoing duty to supplement. If you decide to hire someone you have to supplement your disclosure and say I am hiring him as an expert.

Question 25

If I have a testifying expert and I am communicating with them whether it is oral, whether it is email, whether it is a letter, whatever it is, it is protected but there are exceptions.
The exceptions include:
1.
2.
3.

Answer 25

1. Money
2. Facts or Data
3. Assumptions

Question 26

Everything else is protected. These are not protected:

Money – the other side gets to know what you are paying your testifying expert, because if they choose to depose, they _____ ____ ____ _____ _______.

Answer 26

they have to pay their fee

Question 27

Everything else is protected. These are not protected: ___________ they are treating as facts. ________ the property is 10 years old.

Answer 27

assumptions

assume

Question 28

Motions to compel are particularly appropriate where the requesting party believes the responding party:

1. Is not legitimately claiming protection for the withheld material (i.e., _______ ________ when it doesn’t ________.), or
2. Has _______ in _______ with the _______ _________ and appears to be stonewalling rather than making a ____ _______ effort to produce the requested material.

Answer 28

asserting privilege

apply

delayed in communicating

production request

good faith