Discovery Flashcards
(21 cards)
What are initial disclosures?
Information that each party must give to other parties (even though they have not asked for it)
When must initial disclosures be made?
within 14 days of the Rule 26(f) conference
What must be included in initial disclosures?
- Identities of persons with discoverable information that the party may use to support her claims or defenses (name, phone #, address)
- Documents and tangible things that the party may use to support her claims or defenses (e.g., photos, ESI)
- Computation of relief (with supporting documents / ESI)
- Insurance coverage
What is the penalty if a party fails to disclose something required in the initial disclosures?
That party cannot use the undisclosed material in the case unless the failure was justified or harmles
What must parties disclose about expert witnesses?
Each party must identify expert witnesses who may TESTIFY at trial
Each party must include a written report stating:
- Opinions that the EW will express
- The bases for the opinions
- The facts used to form the opinions
- The EW’s qualifications AND
- How much the EW is being paid
When can a party begin sending discovery requests to another party?
After the Rule 26(f) conference
What is a deposition? Who can be deposed?
A person gives live testimony (usually oral) in response to questions by counsel
Both parties and nonparties may be deposed
What is an interrogatory? Who can be sent an interrogatory?
Interrogatories are written questions to be answered in writing under oath. They are to be answered based on information that is reasonably available.
- Interrogatories are sent only to parties, never to nonparties.
What is the maximum number of interrogatories?
25
By what time must interrogatories be answered?
Within 30 days
What is a request to produce? To whom can they be sent?
A request to produce asks a party to make available for review and copying documents or things, including ESI or to permit entry on designated property to inspect, measure, etc.
Can only be sent to parties; non-parties can be served with a subpoena to do it
When must the disclosing party respond to a request to produce?
Within 30 days of service in writing, stating that the material will be produced or asserting objections
What must a party show to get an opposing party to submit to a medical exam
What is necessary to compel the opposing party?
The requesting party must show: (1) that the person’s health is in actual controversy and (2) good cause.
A court order
What is a request for admission?
A written request that someone admit certain matters
When must the responding party reply to a request for admission? How?
Within 30 days of service
Must deny or object
Otherwise, it is deemed admitted
What is the signature requirement for discover? Does Rule 11 apply?
Rule 11 does not apply.
However, by another rule, every discovery request and response is signed by counsel certifying it is:
- Warranted
- Not interposed for an improper purpose AND
- Not unduly burdensome
Which is broader: discoverable evidence or admissible evidence?
Discoverable evidence
What is work product protection?
Work product or “trial preparation material,” which is material prepared in anticipation of litigation, is protected.
What is qualified work product?
Work product sometimes may be discovered if the requesting party can show substantial need and undue hardship in obtaining the materials in an alternative way.
What is absolute/opinion work product?
“Opinion work product” consists of mental impressions, conclusions, opinions, or legal theories of the disclosing party and cannot be discovered.
How does a party claim privilege or work product protection?
By claiming the protection expressly and describing the materials in detail on the privilege log
