Discovery Flashcards
Scope of delivery (what can we use them to get?)
26 (b) (1) - we can discover material that is RELEVANT to a claim or defence and proportional to the needs of the case
not proportional if burden outweighs the benefit
hearsay - not admissible at trial, but is discoverable info
privileged matter is NOT discoverable
WORK PRODUCT – not the same as privilege
trial preparation materials,
- something is work product, if prepared in anticipation of litigation
- ordinary documents, and tangible things prepared in anticipation of litigation are not discoverable
work products is protected only the documents are protected NOT THE FACTS
- not just limited to lawyers, can extend to agency, corporation
26 (g)
- when you sign discovery documents you have to certify that they are complete and not for an improper purpose
rule 26 + 5 tools
26 (a) Required disclosures
-must have information without request to do so.
come up three times in rule 26
-must turn it over within 14 days
must identify ppl with discoverable info
must give copies or descriptions of things you may use to support your case
only need to bring it up if YOU WILL USE IT TO SUPPORT YOUR CASE
26 (a) (2) - expert testimony
26 (a) (3) - pre trial required disclosure
5 discovery tools
1. deposition
- where person who’s deposition we are taking, they are taking under oath in lawyers office,
2. derogatory rule 33
- can be sent to only parties, not non parties, answered in writing under oath
30 days to answer these
3. request to produce rule 34
- written request for access to things like (ESI or tangible things)
4. medial exam rule 35
- MUST get a court order
5. request for admission rule 36
- ask to admit or deny any discoverable matter
- if you do not deny, you have admitted within 30 days
