Discovery

Question 1

Scope of Discovery rule

Answer 1

Anything proportional and relevant reasonably calculated to lead to admission of evidence. Must not dig too DEEP

Question 2

Scope of Discovery –must not dig too DEEP

Answer 2

Duplicative–requests must not be unreasonably duplicative

Easy–there cannot be an easier way to get the information

Enough opportunity to get the info already

Privileged info/protected work product

Question 3

ESI–Electronically stored information is…

1) Dis
2) Acc
3) Res

Answer 3

Electronically stored information–

1) Discoverable if it meets normal requirements and
2) is reasonably accessible in terms of burden and cost. 3) Responsible party has burden to prove inaccessibility, undue burden of cost to court.

Question 4

Duty to Supplement

Answer 4

Must always supplement and amend disclosures that are later discovered to be inaccurate or incomplete.

Question 5

Scheduling Conference

Answer 5

Usually within 90 days after Defendant is served.

Question 6

Mandatory Planning Conference

Answer 6

Parties must confer as soon as practicable AT LEAST 21 days before a scheduling conference

Question 7

Discovery Plan

Answer 7

written report that must be filed within 14 days after the parties’ mandatory planning conference

Question 8

Required Initial discovery 2 parts

Answer 8

Initial Disclosures. There are required disclosures that you make regardless of request or the other party’s failure to provide disclosures.

Before making her disclosures, a party has an obligation to

1) make a REASONABLE INQUIREY into the facts of the case.
2) DISCLOSE ALL information “then reasonably available” that is not privileged or protected as work product. (Rule 26 requires parties to )

Question 9

Initial Discovery Requirements–what is the substance?

SLIC

Answer 9

SUPPORTING documents–any discoverable documents
LIKELY witnesses–anyone you may call–contact info
INSURANCE–company that may be resp for damages
COMPUTATION–of each category of damages

Question 10

Types of requested discovery (Think Daddies Timely)

Answer 10

Depos
Admissions
Documents
Interrogatories
Examinations
Subpoenas
30 days to respond

Question 11

Limitations on Discovery:

Answer 11

Attorney-Client priviledge: confidential communications between attorney and client –

1) for purpose of securing legal advice –
2) does not protect underlying facts –
3) communication is intended to be confidential.

4) Can be waived by client or if 3rd party is present
5) Crime-Fraud exception

Question 12

Work Product Priviledge

Answer 12

Work product privilege protects:

1) ATTORNEY’S thoughts, mental impressions, conclusions, opinions or legal theories –
2) only discoverable upon showing of SUBSTANTIAL NEED and AVOID UNDUE HARDSHIP.
3) Confidential communications between TRIAL EXPERTS and counsel are protected
4) DRAFT REPORTS and draft disclosures of trial expert witnesses are protected

Question 13

Motion for Protective Order

Answer 13

Motion for Protective Order – for GOOD CAUSE court may issue an order to PROTECT A PARTY or person from annoyance, embarrassment, oppression, or UNDUE BURDEN OR EXPENSE.

Question 14

Motion to Compel:

SMURFS ATTACKED ELMO

Answer 14

Motion to Compel: Meet + confer required. REMEMBER: SANTIONS FOR FAILURE: SMURFS ATTACKED ELMO

Sanction for failure to SUPPLEMENT – party cannot use the information in the case unless failure is justified or harmless.

Sanction for failure to ADMIT– failing party can be required to pay reasonable expenses

Sanctions re ELECTRONIC EVIDENCE for failure to take reasonable steps to preserve.