Discovery Flashcards
What is the scope of discovery?
Party can discover any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case
Limited by Privilege and Work Product
Identities of individuals with knowledge of any discoverable matter (eyewitnesses) ARE discoverable
* List created by P’s attorney of people w/knowledge of discoverable matters is NOT work product.
What are the initial required disclosures and when must they be disclosed?
Deadline: Within 14 days of Rule 26(f) conference
Initial Required Disclosures: Disclose if used by party to support its claims/defenses
* Identities of persons with discoverable info (names, phone #, addresses, topics on which they have discoverable info)
* Documents/tangible things that are in the party’s control (photos, records, videos, electronically stored info) - can give copies or description of doc
* Anyone claiming monetary relief must provide computation of amount (supported by documents/ESI)
* Any insurance policy that might cover all/part of judgment
Initial disclosures must be made even if the opposing party doesn’t submit a request for information.
What happens if party fails to disclose material that was required to be disclosed?
Party **can’t use undisclosed material **in case UNLESS failure to disclose was substantially justified or harmless
Same rule for failing to disclose required info about EW
What are required disclosures for expert witnesses?
Each party must provide
(a) Identity of expert witnesses who may provide testimony at trial and
(b) Written report prepared by EW, which must contain
* Opinions EW will express
* Bases for opinions
* Facts used to form opinions
* EW’s qualifications
* How much EW is being paid
NOT: Consulting experts
* If a party hires an expert but is NOT going to use expert to testify at trial, then facts/opinions from that expert are NOT discoverable (unless there are exceptional circumstances)
Earlier drafts of written report/communications between EW and lawyer are work product
Can expert witnesses be deposed?
Yes. Party can subpoena EW to compel attendance. Deposing party pays cost of EW’s deposition (court sets per-hour fee)
When must parties provide required pretrial disclosures and what are they?
30 days before trial starts
Parties must give detailed info on evidence they intend to introduce at trial - identity of witnesses who’ll testify live or by deposition, docs, ESI, etc.
What are the discovery tools?
Depositions
Interrogatories
Requests for Admission
Requests to Produce
Medical Exam (physical or mental)
