Discovery

Question 1

Discovery Scope

Answer 1

Relevant to claim defense + proportional to needs of the case

Supplement only in fed (CA must request to update)

Question 2

Work Product

Answer 2

made in anticipation of litigation

• -fed: by party or reps
• -CA: by atty only

can still get with sub need + can’t get w/out undue hardship (except for absolute for mental impressions, opinions, etc.)

Question 3

Initial Required Disclosure

Answer 3

Fed only

1. Things to SUPPORT case (w/in 14 days of 26f conference)
2. ID and Report of testifying experts (90 days before trial)

Question 4

Discovery Tools

Answer 4

Depositions
Interrogatories
Requests to Produce
Requests to Admit
Medical Exam
CA Expert W

Question 5

Depositions

Answer 5

notice or subpoena
7 hours each
[Fed: no 2x, 10 total, no > 100 miles from home/work]

Question 6

Interrogatories

Answer 6

parties only, 30 days to respond w/ reas. inquiry
Fed: 25
CA: 35 [unlimited form Qs]

Question 7

Request to Produce

Answer 7

parties only, 30 days to respond

Question 8

Request to Admit

Answer 8

parties only, 30 days to respond

CA: 35 [no fed limit]

Question 9

Medical Exam

Answer 9

Court order w/ (i) at controversy and (ii) good cause

• movant chooses dr
• examinee can request copy but…
• CA: right for 1 in personal injury

Question 10

CA Expert W

Answer 10

Must request list + report (no response = can’t testify)

Question 11

CA Limited

Answer 11

1 depo + 35 combo of others

Question 12

Discovery Enf.

Answer 12

Motion for protective order
Motion to compel
Merits sanctions (best facts, strike pleadings, disallow E, bad faith = dismiss or default jdg)