Discovery

Question 1

Hickman holding

Answer 1

purpose of discovery is mutual knowledge of all the relevant facts gathered by parties

Question 2

Discovery reduces the possibility of __

Answer 2

surprise at trial

Question 3

Rule 16 is about

Answer 3

pretrial conference

Question 4

Pretrial conference is the __

Answer 4

gateway to discovery

Question 5

16a

Answer 5

Court may order pretrial conference for …

Question 6

16b2

Answer 6

judge must issue scheduling order, unless good cause for delay within whatever earlier :90 days after any D served or 60 days after any D has appeared

Question 7

Rule 16 doesn’t account for __

Answer 7

motion to dismiss 12b6

Question 8

Courts are given ___ for pretrial conferences

Answer 8

broad discretion

Question 9

rule about discovery

Answer 9

26

Question 10

26(a)(1) is about

Answer 10

required initial disclosures

Question 11

26(a)(1)

Answer 11

each party must disclose the witnesses they plan to call, documents they plan to sue, damages they seek/how calculated and their insurance 14 days after 26f

Question 12

26(b) is about

Answer 12

discovery scope and limits

Question 13

26(b)

Answer 13

Discovery is permitted of any unprivelged matter relevant to claim/defense of any party and proportional to the needs of the case

Question 14

26(b) factors for proportionality

Answer 14

(6) importance of issues at stake, amount in controversy, relative access to info, party resources, importance of discovery in resolving the issues, whether burden outweighs its likely benefit

Question 15

26(c) is about

Answer 15

protective orders

Question 16

26(c)

Answer 16

Court may issue order to protect party/person from annoyance, embarassment, oppression, or undue burden of expense by forbidding/limiting discovery

Question 17

26(f) is about

Answer 17

conference of the parties/planning for discovery

Question 18

26(f)(1)

Answer 18

parties must confer as soon as practicable (unless ct says otherwise) or at least 221 dyas before r16 conference

Question 19

Information within the scope of discovery does not need to be ___

Answer 19

admissible in evidence in order to be discoverable

Question 20

Rule 37 is about

Answer 20

failure to make disclosures or cooperate in discovery/sanctions

Question 21

37(a)

Answer 21

A party may move for an order compelling disclosure of discovering, moving party bears initial burden to prove opposing party’s answer incomplete, if satisfied burden shifts to non-movant to show why discovery should not be permitted

Question 22

37(b)(2)

Answer 22

Court can impose sanctions, including attorney’s fees, on person who impedes, delays or frustrates fair examination of a deponent

Question 23

37(c)(2)

Answer 23

Objections during a deposition must be noted on the record but examination still proceeds. A person may instruct deponent not to answer only when necessary to enforce limit order by court, or preservice a privelege

Question 24

Oxbow is about

Answer 24

discovery proportionality/motion to compel

Question 25

Oxbow definition of importance of issues at stake

Answer 25

significance of issues in philosophic, social or institutional terms

Question 26

Oxbow defintion of amount in controversy

Answer 26

compare with cost

Question 27

Oxbow defintion of relative access

Answer 27

Look for information assymmetry, burden of discovery heavier on party with more information

Question 28

Oxbow definition of resources

Answer 28

make sure it isn't war of attrition

Question 29

Oxbow defintion of importance in resolving the issues

Answer 29

whether issues at stake are at very heart of litigation

Question 30

Oxbow defintion of burden outweighs likely benefit

Answer 30

combine all previous factors into final CBA

Question 31

Oxbow rule

Answer 31

Presumption under FRCP is that producing party bears cost of complying with discovery request. Court may only shift when a request would unduly burden producing party

Question 32

Oxbow holding

Answer 32

P compelled to add CEO for discovery, all factors point in favor

Question 33

Oxbow reason 1

Answer 33

issue important because could impact wide range of third parties

Question 34

Oxbow reason 2`

Answer 34

Cost not excessive in comparison to huge potential recovery

Question 35

Oxbow 3

Answer 35

P more info on this topic

Question 36

Oxbow 4

Answer 36

P doesn't have inability to pay

Question 37

Oxbow 5

Answer 37

Important in resolving the main issue

Question 38

Oxbow 6

Answer 38

Cost shifting analysis basically the same

Question 39

Oxbow implies that some litigation

Answer 39

not as important as other

Question 40

Alley is about

Answer 40

discovery on discovery, protective order

Question 41

Alley rule 1

Answer 41

Fed courts will not compel a party to disclose its discovery process from another case without any showing of bad faith or unlawful withholding of documents

Question 42

Alley rule 2`

Answer 42

Party from whom discovery is sought may move for a protective order when a clearly defined or serious injury will result without one

Question 43

Alley holding

Answer 43

protective order granted

Question 44

Alley reasoning 1

Answer 44

issues are important (serious injuries to consumers) and corp does have more resources but other factors outweigh

Question 45

Alley reason 2

Answer 45

Cost of compliance roughly same as amount in controversy

Question 46

Alley 3

Answer 46

P could seek out info on their own

Question 47

Alley 4

Answer 47

documents not vital, burden doesn't outweigh costs

Question 48

Alley critique

Answer 48

Discovery not usually filed with court so may not actually be easy for P to find

Question 49

Strategy in Alley vs Oxbow

Answer 49

Alley move for protective order, Oxbow responding party objected to request and requestors filed motion to compel

Question 50

Interpretation of importance of issues Alley vs. Oxbow

Answer 50

Alley court focused on seriousness of injury to P, but Oxbow focused on impact on society

Question 51

Interpretation of importance in resolving the issues A vs. O

Answer 51

Alley ask if it was vital/necessary to resolution, Oxbow asked if at heart of litigation

Question 52

Rule 30 is about

Answer 52

depositions

Question 53

30(b)(6)

Answer 53

A party can name a corp, org as deponent. The org must then designate someone to testify on its behalf

Question 54

Under 30, Corporation has a duty to prepare witnesses to ___ but ___ doesn't mean failed to comply

Answer 54

answer all questions about designated topic fully and without evasion, inability to answer every Q