Discovery

Question 1

26(a)(1)

Answer 1

Initial disclosures;
(A) a list of documents a party must provide to the other party
(B) proceedings exempt from initial disclosure
(C) initial disclosures must be made within 14 days after the parties Rule 26(f) conference

Question 2

26(a)(2)

Answer 2

disclosure of expert testimony;
(A) party must disclose to other parties the identity of any witness it may use at trial
(B) witnesses hired to provide expert testimony must write a written report containing all opinions, facts, exhibits, qualifications, past cases involved in, and compensation
(C) fact witnesses don’t need to write a written report must disclose the subject matter on which the fact witness is expected to present and a summary of the facts and opinions
(D) time to disclose: 90 days before the date set for trial

Question 3

26(a)(3)

Answer 3

Pretrial disclosure:
(A) name, address, and number of each witness, designation of those witnesses whose testimony will be presented by deposition, identification of each document and exhibit
(B) must be made at least 30 days before trial

Question 4

26(b)(1)

Answer 4

Discovery scope and limits; discovery may be obtained regarding only non privileged matter that is relevant to any party’s claim or defense

Question 5

26(b)(2)

Answer 5

Limitations on frequency and extent:
(A) court may alter the limits in these rules on the number of depositions and interrogatories and length of depositions
(B) party’s may not provide discovery of electronically stored info that is not reasonably excessible
(C) court must limit frequency or extent is discovery sought is unreasonable or outside scope in 26(b)(1)

Question 6

26(b)(3)

Answer 6

Trial preparation

party may not discover documents and tangible things that are prepared in anticipation of litigation for trial

Question 7

26(b)(4)

Answer 7

Trial preparation: Experts

(A) party may depose any person who has been identified as an expert

Question 8

26(b)(5)

Answer 8

Claiming privilege or protecting trial-preparation materials

party must expressly make claim of privilege and describe the nature of the documents that are privileged

Question 9

26(c)

Answer 9

Protective orders

Question 10

26(d)

Answer 10

Timing and sequence of discovery

Question 11

27

Answer 11

Deposition to perpetuate testimony

Question 12

28

Answer 12

Persons Before Whom Depositions May Be Taken

(a) within the US: must be taken before an officer and person appointed by the court
(b) in foreign country: under treat, a letter of request and on notice

Question 13

29

Answer 13

Stipulations about Discovery Procedures

Question 14

30

Answer 14

Depositions by Oral Examination

Question 15

30(a)

Answer 15

When a deposition may be taken:

(1) a party may depose any person, including a party, without leave of a court except as provided by 30(a)(2), deponents attendance may be compelled by subpoena under rule45
(2) party must obtain leave of court if the parties have not stipulated to the deposition and if the deponent is in prison

Question 16

30(b)

Answer 16

Notice of deposition

(1) must give reasonable written notice to other parties

Question 17

30(c)

Answer 17

Examination and cross-examination

Question 18

30(d)

Answer 18

duration, sanction; motion to terminate or limit

Question 19

30(f)

Answer 19

Certification and Delivery; Exhibits; copies of the transcript; filing

Question 20

31

Answer 20

Depositions by written questions

Question 21

32

Answer 21

Using depositions in court proceedings

Question 22

33

Answer 22

Interrogatories to parties

(a) no more than 25 written interrogatories
(b) interrogatories must be answered by the party to whom they are directed, must be responded to within 30 days after being served

Question 23

34

Answer 23

Producing documents, electronically stored information, and tangible things, or entering onto land, for inspection and other purposes

Question 24

35

Answer 24

Physical and Mental Examinations

Question 25

36

Answer 25

Requests for Admission

30 days

Question 26

37

Answer 26

Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

Question 27

37(a)

Answer 27

Motions for an order compelling disclosure or discovery

Question 28

37(b)

Answer 28

Failure to comply with a court order

(1) sanctions in the district where the deposition is taken
(2) sanctions in the district where the action is pending

Question 29

37(c)

Answer 29

Failure to disclose, to supplement an earlier response

Question 30

37(d)

Answer 30

Party’s failure to attend its own deposition, serve answers to interrogatories or respond to a request for inspection