Discovery

Question 1

What is the scope of discovery?

Answer 1

Matters sought to be discovered must be relevant or reasonably calculated to lead to relevant matters. Doesn’t have to be admissible at trial so long as it will lead to admissible evidence.

Question 2

What is work product?

Answer 2

Documents or other tangible things prepared in anticipation of trial by or for another party or his representative. Generally not discoverable

Question 3

What are the two categories of work product?

Answer 3

Factual work product and opinion work product

Question 4

What is factual work product?

Answer 4

Facts pertaining to the case

Question 5

What is opinion work product?

Answer 5

Attorney’s mental impressions of the case

Question 6

When is factual work product discoverable?

Answer 6

Upon a showing of substantial need for the information for case preparation and can’t get it otherwise without undue hardship

Question 7

When is opinion work product discoverable?

Answer 7

Usually never, even if factual work product is discoverable

Question 8

What is required for a deposition to be videotaped?

Answer 8

Notice must inform that it will be videotaped

Question 9

How do you depose a non-party?

Answer 9

Subpoena

Question 10

What is a subpoena duces tecum?

Answer 10

Compels the deponent to bring to the deposition specific papers

Question 11

How long does a deponent have to assemble documents for a subpoena duces tecum?

Answer 11

30 days

Question 12

How is a deposition recorded?

Answer 12

In writing by a stenographer

Question 13

How can a party get a copy of the deposition transcript?

Answer 13

Not provided automatically, but any party can order one at their expense

Question 14

What right does a witness have to their deposition transcript?

Answer 14

A witness can review the transcript and modify the form and substance of their testimony

Question 15

What is the effect of objections at a deposition?

Answer 15

Evidence at a deposition is taken subject to objections, but the objections aren’t generally waived if they aren’t raised

Question 16

What objections MUST be raised at a deposition otherwise they are waived?

Answer 16

(1) defects in the notice of the deposition
(2) defects in the qualifications of the court reporter
(3) irregularities or defects in the deposition itself

Question 17

A deponent may only be properly advised not to answer is three situations:

Answer 17

(1) to preserve a privilege
(2) outside the scope of the deposition
(3) if the deposition is being conducted in bad faith

Question 18

How can deposition transcripts be used at trial?

Answer 18

Subject to the rules of evidence for 3 reasons:

(1) to proffer testimony
(2) to impeach
(3) to refresh memory

Question 19

A deposition transcript can be used as substantive evidence at trial if:

Answer 19

(1) The deponent was an adverse party or witness or

(2) The deponent is unavailable (didn’t show up); deponent is further than 100 miles; or they’re outside FL

Question 20

What can a party do instead of providing an answer to an interrogatory?

Answer 20

the answering party may produce documents that provide the answers

Question 21

What are the possible responses to a request for admission?

Answer 21

Admit, deny, a reason why you can’t admit or deny, objection

Question 22

When can a party request that the other party submit to an examination by a qualified expert?

Answer 22

When the mental/physical condition of the party is at issue

Question 23

Do mental/physical exams require leave of court?

Answer 23

Physical exams - no leave of court

Mental exams - must get leave of court