DISCOVERY

Question 1

Discovery - Scope

Answer 1

A party may obtain discovery regarding any

1. non privileged matter that is
2. relevant to any party’s claim or defense and
3. proportional to the needs of the case

Question 2

Mandatory Disclosures

Initial Disclosures

Answer 2

Initial disclosures include

1. names and contact info of individuals likely to have discoverable information
2. copies or descriptions of all relevant documents, electronically stored information, or tangible property in the disclosing party’s possession or control
3. calculation of damages, and
4. insurance agreements

They must be provided within 14 days after the conference of parties without a discovery request.

Question 3

Mandatory Disclosures

Expert Testimony Disclosures

Answer 3

A party must disclose the identity of any expert witnesses it may use at trial along with

(i) the experts anticipated testimony
(ii) qualifications
(iii) fees, and
(iv) other cases for which the expert has provided testimony.

This disclosure must be made at least 90 days before the date of trial.

Question 4

Mandatory Disclosures

Pretrial Disclosures

Answer 4

The following information must be disclosed by each party 30 days before trial:

(i) name and contact info of each witness,
(ii) designation of those witnesses whose testimony the party expects to present through deposition, and
(iii) identification of each document or exhibit the party expects to offer at trial.

Objections must be made within 14 days after disclosure, otherwise they are waived unless excused by the court for goods cause

Question 5

Mandatory Disclosure - California

Answer 5

California does not require mandatory disclosures, but they may be requested.

Question 6

Discover Devices

Depositions

Answer 6

Without leave of court, a party may conduct up to ten depositions provided that each deposition is limited to one day and does not exceed seven hours, unless allowed by the court, and reasonable written notice is given to every party in the action. Nonparties who live within 100 miles of the courthouse may be deposed pursuant to a subpoena.

Question 7

Discovery Devices

Physical or Mental Examinations

Answer 7

The court where the action is pending may order a party whose mental or physical condition is in controversy to submit to a physical or mental examination. The order

(1) may be made only on motion for good cause and on notice to all parties and the person to be examined, and
(2) must specify the time, place, manner, conditions, and scope of the examination, as well as the person or persons who will performed it
* *In California, the D is entitled to one examination of the P, and the P’s attorney must be allowed to attend the examination.*

Question 8

Motion to Compel Disclosure or Discovery

Answer 8

On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery. The motion must include a certification that the movant has in good faith conferred with the party failing to make disclosure or discovery in an effort to obtain it without court action. If a party fails to comply with the order, the court may impose sanctions