Discovery

Question 1

Attorney Client Privilege Elements

Answer 1

• A communication
• Made between privileged persons
• In confidence
• For the purpose of obtaining or providing legal assistance for the client

Question 2

To assert attorney client privilege

Answer 2

• Want to know facts to support the assertion and make the objection
• State the basis for withholding and what is being withheld

Question 3

Work product shields

Answer 3

materials that were prepared in preparation of litigation

• does not shield facts
• shields thoughts and views and sorting of the facts

Question 4

Rule 26f requires a

Answer 4

conference with parties

• Happens first and sets out what discovery will look like
• Happens with 14 days but can extend if both parties agree or court order

Question 5

If a party does not disclose things in mandatory initial disclosure

Answer 5

They could be precluded from using that later

Question 6

Interrogatories are

Answer 6

written questions served to opposing party, does not need to be all at once

Question 7

Corporations answer interrogatories through

Answer 7

An agent who must get all information that the corporation has or try to get the information

Question 8

Rule 33d allows business to answer interrogatories by

Answer 8

giving documents to the opposing party and make them look for the answer

Question 9

Interrogatories are limited to how many questions

Answer 9

25 questions

Question 10

Interrogatories cannot ask

Answer 10

purely legal questions

Question 11

Interrogatories can ask

Answer 11

contentions
- are you going to assert this
- what is your basis for asserting this

Question 12

Discovery tools are

Answer 12

• interrogatories
• requests for production
• depositions
• requests for admission

Question 13

Requests for production go to

Answer 13

the opposing party and have no limit

• producing party bears the cost
• need to describe what you are asking for with particularity

Question 14

Rule 35

Answer 14

Requests for physical and mental examinations
- requires court order

Question 15

Rule 45

Answer 15

Subpoena third party
- don’t need to know as much as for a party in the litigation

Question 16

When requesting trade secrets

Answer 16

• need to state why
• corporation with trade secrets can seek protective order

Question 17

Depositions allow

Answer 17

one party to ask question of the other party’s witnesses under oath

Question 18

Three parts of a deposition

Answer 18

• Process for noticing
• Conduct of the deposition
• What you use the deposition for in litigation process

Question 19

In notice to a party of deposition include

Answer 19

time, place, name, address, identity of the person being deposed

Question 20

Use depositions when

Answer 20

• Someone changes their answers during trial
• Helps guide what trial looks like

Question 21

Request for Admission (rule 36)

Answer 21

allows parties to request the other party to admit the truth of any matter

Question 22

Judge Control over Discovery

Answer 22

• Default is judge does not get involved but does get involved for disputes
• Everyone has the same info
• Supplement discovery responses later on and need to tell the other party if you find new information
• Lawyer must sign that they are making certification and did it in good faith

Question 23

Duty to preserve evidence

Answer 23

can’t just git rid of evidence

Question 24

Motion to Compel allows (Rule 37)

Answer 24

requesting party is asking the court to order the other party to do what they want

• must certify that you have conferred in good faith with the other side

Question 25

If motion to compel is granted

Answer 25

can get reasonable expenses and attorney's fees

Question 26

If motion to compel is denied

Answer 26

other side can get a protective order plus expenses and fees