8. Scope of Discovery Flashcards
What is the rule for required disclosures for scope of discovery?
Rule 26(a)
- Witnesses that support your case
- documents used to support your case
- computation of damages
- any insurance agreement
If there is a motion to dismiss pending, the defendant must automatically produce the required disclosure information or you can seek stipulation or court order that state otherwise.
What matter according to Rule 26(b) can be requested?
Nonprivileged matter that is relevant to the claim or defense and is proportional to the needs of the case.
Relevance: Must articulate why the information could lead to admissible evidence.
Proportionality: Importance of the issue at stake, amount in controversy, parties relative access to information ,parties resources, importance of the discovery to resolving the issues, burden outweighed by likely benefit.
Nonprivileged matter: must articulate why the information could lead to admissible evidence. Ex. witness testimony, documents, ESI, social media, calendar entries, etc.
According to Rule 26, what is privileged material?
Attorney/client privilege is privileged matter, tangible things prepared in anticipation of litigation unless the party shows substantial need, mental impressions and legal theories of attorney concerning the litigation must be protected
According to Rule 26(b)(5) how do you claim privilege or protect trial-preparation materials?
(A) When information, that is otherwise discoverable, is withheld the party must expressly make the claim and describe the nature of information without revealing the information allowing the other party to assess the claim.
(B) If information is accidently give, you may notify the party that received the information and the party must promptly return, sequester, or destroy the specified information and any copies it has.
How do you use Rule 33 for interrogatories?
Written questions drafted by an attorney and answered by an attorney is used for eliciting foundational information.
Ex. State the evidentiary basis for your allegation in paragraph 6 that defendant negligently collided with plaintiff.
How do you use Rule 34 for document requests?
May request documents or entry onto land, from parties or nonparties. This is used for getting contemporaneously created documents.
How do you use Rule 35 for mental or physical examination?
May be ordered by court when relevant and necessary to litigation such as a paternity suit.
