Flashcards in Discovery Deck (24):
What is Discovery?
It is a detailed pretrial procedure that both parties engage in to learn facts of the case, as well as witnesses that will be called, from the other paty.
What does Discovery do?
prevents surprise, allows for thorough prep for trial, saves court time, and promotes settlement.
What are the major forms of discovery?
2. Request for Disclosures
4. Request for Production
5. Request for Admissions
6. Physical and Mental Exams
oral testimony given, under oath, by a party or witness prior to trial. The person testifying is called the deponent.
The deponent in a deposition is _________________.
the person testifying.
The person testifying in a deposition is called the ___________.
The deposition of a witness can be given voluntarily or _____________________________.
pursuant to a subpoena (court order).
The deponent can be required to bring _______________ to the deposition.
Depositions are used to __________________(especially if the deponent is ill) and to ___________________________________.
impeach witnesses at trial
DURING THE DEPO
-Most of the time, depos are taken at one of the attorney's offices
-testimony is recorded in written form by a court reporter
-depos can be videotaped
-the deponent has a chance to correct answer prior to the signing
REQUESTS FOR DISCLOSURE
-Twelve standardized questions
-In the Rules
-Ask them all
-Interrogatories are written questions submitted by one party to another party
-They must be answered within a specific number of days
-An attorney (and/or paralegal)usually helps with the prep of the answers
-The answers are signed under oath
LIMITS ON ROGS
Each side is allowed to propound one set on interrogatories, requesting a maximum of 25 answers
-The rule refers to answers and not questions in order to prevent the other side from issuing 25 questions with multiple subparts, which might require far more than 25 answers
REQUESTS FOR PRODUCTION
-Parties may request that the other party produce all relevant documents
-If the documents sought are too voluminous to be moved or are in permanent storage, or if moving the docs would disrupt the ongoing business of a party who is producing them, the requesting party may have to examine them at the other party's premises
REQUESTS FOR ADMISSIONS
-These are statements that the other side is then asked to admit or deny.
-These are statements - not questions.
-The penalty for not answering RFAs is that the statements are "deemed admitted"
-Try to "undo" deemed admissions - you must file a Motion to Strike Deemed Admissions
Statements that the other side is then asked to admit or deny.
Requests for Admissions
Motion to Strike Deemed Admissions
try to undo deemed admissions
Penalty for not answering RFA's
statements are "deemed admitted"
Request for Admissions
PHYSICAL AND MENTAL EXAM
In cases that concern the physical or mental condition of a party, a court can order the party to submit to certain physical or mental exams to determine the extent of the alleged injuries.
-ALWAYS check the Rules and Commentaries when doing discovery -whether you are propounding or answering
Always check _____________- when doing discovery - whether you are propounding or answering.
Rules and the Commentaries
RULE 11 AGREEMENTS
-Agreements between opposing counsels
-Often deal with discovery extensions
-If you work in a firm that does litigation, you will do a lot of these