Discovery

Question 1

Initial Required Disclosures

Answer 1

Unless a court order or stipulation of the parties says something else, within 14 days of the Rule 26(f) conference, each party must disclose certain information.

Question 2

What are the initial required disclosures?

Answer 2

• identities of persons with discoverable information that the party may use to support her claims or defenses
• documents and things that the party may use to support her claims or defenses
• computation of relief and along with supporting documents/ESI
• Insurance coverage

Question 3

Required Pretrial Disclosures

Answer 3

No later than 30 days before trial, the parties must give detalied information about their trial evidence, including identity of witnesses who will testify live or by deposition and documents, ESI, and other things that they intend to introduce at trial.

Question 4

Use of Depositions

Answer 4

Subject to the rules of evidence, depositions may be used at trial:
1. to impeach deponent
2. for any purpose if the deponent is an adverse party; or
3. for any purpose if the deponent is unavailable for trial unless that absence was procured by the party seeking to introduce the evidence.

Question 5

What is a request to produce?

Answer 5

Asks a party to make available for review and copying documents or things, including electronically stored information, or to permit entry on designated property to inspect, measure, etc.

Question 6

Scope of Discovery Standard

Answer 6

Party can discover anything relevant to a claim or defense and proportional to the needs of the case. Unlike in initial disclosures, something harmful to you may be discoverable using the regular discovery tools.

Question 7

Work Product Protection

Answer 7

Work product or trial preparation material, which is material prepared in anticipation of litigation is protected.

Question 8

There are three ways that courts get involved in discovery disputes:

Answer 8

1. party seeks protective order
2. party responds, but not fully
3. no response to discovery request.

Question 9

A matter that is nonprivileged and _____________ may be discovered if it is:

Answer 9

relevant to any party’s claim or defense and proportional to the needs of the case only

Question 10

Who can you service interrogatories on?

Answer 10

Interrogatories may be served only on another party. Other discovery methods must be used for nonparties.