Discovery

Question 1

Federal Rule 26(a) requires parties to ____ basic information relating to evidence they will use at trial, damages, and insurance.

Answer 1

disclose

Question 2

The scope of discovery in federal courts is “. . . any (1) ____ matter that is (2) ____ and (3) ____ . . .”

Answer 2

(1) nonprivileged
(2) relevant to any party’s claim or defense
(3) proportional to the needs of the case

Question 3

The forms of discovery are:
(1)
(2)
(3)
(4)
(5)
(6)
(7)

Answer 3

(1) interrogatories
(2) requests to produce or inspect
(3) subpoenas duces tecum
(4) oral depositions
(5) written depositions
(6) physical and mental examinations
(7) requests for admission

Question 4

Privileges shield information from discovery, such as:
(1) ____
(2) ____
(3) ____

Discovery exemptions have a similar effect. These include:
(4) ____
(5) ____ (in Texas state courts)

Answer 4

(1) attorney-client privilege
(2) spousal privilege
(3) doctor-patient privilege
(4) attorney work product exemption
(5) client investigatory exemption

Question 5

The privileges and exemptions listed above must be raised before the deadline for responding to that discovery request or they are ____.

Answer 5

waived