Discovery Flashcards
What is the discovery process in GDC?
Generally, there is no discovery
May a party compel a witness’s attendance at GDC?
Yes, through subpoena and subpoena duces tecum, addressed to parties and nonparties
* File request for subpoena at least 15 days before trial, otherwise must show good cause
Are there required dicslosures in CC?
No–different from federal court
What is the magic number in CC?
21 days, meaning you have 21 days for everything for which you have 30 days in federal court
* Example–21 days in which to respond to interrogatories
How many interrogatories may be served without court permission in CC?
30
How many depositions may you take in CC?
There is no rule limit on the number of depositions
* In federal court, cannot take more than 10 depositions or depose someone twice without court permission
How can you get materials from nonparties?
Using a subpoena duces tecum, which is requested in writing from the clerk of the court, with notice to all parties
* Attorney may issue subpoena or subpoena duces tecum as an officer of the court (must file copy of subpoena with court and serve a copy on all parties)
What is the breadth of discovery in CC?
Must be relevant to the subject matter of the pending action
* In federal court, it is relevant to claim or defense
* “Relevant” means reasonably calculated to lead to admissible evidence
* Narrower in divorce, habeas corpus, and eminent domain cases
What must a party who anticipates that a response to discovery will require her to produce ESI do?
Propose a discovery protocol for ESI
* Must do this within 21 days (28 if request accompanied complaint)
* If the other party does not agree to protocol, parties must make good faith effort to meet within 15 days to work it out
May a party seek discovery of the other side’s insurance information?
Yes, but no required disclosures, so have to ask
Can P request information about D’s net worth and gross earnings when seeking punitive damages?
Yes–relevant because to punish D, need to know how much money she has
* Not available in cases seeking purely compensatory damages
May a party respond to interrogatory by referring requesting party to document in which the answers can be found?
Yes, if done in sufficient detail
How must produced documents be presented?
As kept in the usual course of business or organized and labeled to correspond with categories in the request
What happens if a party fails to deny a request for admission?
Treated as admission
* Example–can’t respond to RFA asking if D was drunk that night by saying “it’s a jury question” (deemed admitted)
