Discovery Flashcards
Scope
The scope of discovery in VA state courts (just as in federal court) is defined by five factors:
- Relevance
- Work products
- Privilege
- Undue burden
- Experts
Really Want Private Unknown Evidence
Scope
What are the relevance rules?
- May only seek relevant information
- Relevant: information has potential to make a fact in dispute more or less likely to be true
Scope
What are two types of frequently sought info. that might seem irrelevant at first glance?
- net worth: not generally relevant, but may be relevant when P is seeking punitive damages
- Insurance coverage: discovery is universally permitted because it significantly expedites resolution of cases
Scope
What is work product and when is it discoverable?
- it is a document or other tangible object created by a party or party’s attorney in anticipation of litigation
- Generally not discoverable, but requesting party can obtain:
1. their own statement
2. crucial information (i.e., substantial needs exists) that the party cannot otherwise obtain
Scope
What is privilege, and what does AC privilege extend to? what is the most common exception?
- Privileges protect certain types of info. from discovery for public policy reasons
- AC privilege exteds to communications between attorney and client for the purpose of obtaining or rendering legal advice.
- waiver
Scope
When does discovery cause an undue burden? three circumstances
- disovery sought is unreasonably cumulative or can be obtained from a less burdensome source or in a less burdensom way
- Party seeking info. has already had ample opportunity to obtain the information
- Burden or expense of proposed discovery outweighs its benefits, considering the nature of the evidence sought, amount in controversy , and the parties’ resources
Key is efficiency; limit inefficient, wasteful discovery
Scope
Can generally only seek discovery of information from what type of adverse experts and discovery extends to. …
- Testifying experts
- what it extends to:
* the expert’s final report stating their expert opinion
* communications relating to compensation for the expert’s study or testimony
* Communications relating to the data provided by the attorney to the expert
Discovery tools
Are initial disclosures required in VA courts?
NO, unlike Fed courts
Discovery Tools
What are the 5 types of party discovery
- Interrogatories
- Requests for Admission
- Request for production of documents or things and entry on land
- Request for physical or mental examination
- Deposition
Discovery Tools
How many interrogatories can a party submit?
30
Discovery Tools
How many Requests for Admission can a party request? how can a party not answer
30
Party cannot respond by stating, “whether or not X happened is up to the jury to determine.”
Discovery Tools
How many Requests for Production of Documents or Things and Entry on Land?
Unlimited, but excessive requests may be curtailed if undue burden
Discovery Tools
Rules on Requests for physical or mental exam?
- must be relevant
- requires judicial approval first
Discovery Tools
How many depositions?
Unlimited, but 10 in federal court if no leave of court
Discovery Tools
When can depositions be used a hearing or trial?
Only use if the party against whom it is used had a reasonable opportunity to be present at the deposition, and only according to the following conditions:
1. Deposition of party or unavailable non-party: can be used for any party. Unavailable non-party is deemed unavailable for any reason if not present.
2. Deposition of present non-party: can be used to impeach the deponent
