discovery – laccp

Question 1

who can be subpoenaed

Answer 1

witnesses who reside or work in Louisiana may be subpoenaed to attend trials or hearings anywhere in the state

Question 2

what is the result if the witness being subpoenaed lives more than 25 miles from the courthouse

Answer 2

party making out the subpoena is required to pay expenses for witnesses

Question 3

what is a subpoena duces tecum

Answer 3

compels a witness to bring certain documents, tangible things, or ESI with him

Question 4

what can questions in a depo revolve around

Answer 4

any relevant, non-privileged matter, even if the information proves to be inadmissible later

Question 5

what can be used against parties to get them to answer questions in a depo

Answer 5

motion to compel; motion can be filed after examination is complete

Question 6

proper way to provide request of depo

Answer 6

1. give the other entity reasonable notice in writing
2. state the time and place for the depo
3. provide name and address of each person to be examined

Question 7

how must objections be used in a depo

Answer 7

shall be stated concisely and in a non-argumentative and non-suggestive manner

Question 8

when can a party instruct a deponent not to answer a question in a depo

Answer 8

1. when necessary to preserve a privilege
2. to enforce a limitation on evidence imposed by the court
3. to prevent harassing or reptitious questions
4. to prevent questions which seek information that is neither admissible at trial nor reasonably calculated to lead to the discovery of admissible evidence

Question 9

when can depos be taken by telephone or other remote elctronic means

Answer 9

if the parties agree or the court has so ordered

Question 10

how does one request depo of a corporation

Answer 10

• 1442 depo
• notice should name the entity as a deponent and designate matters on which exam is requested
• organization shall designate the appropriate officers or person to testify

Question 11

what are interrogatories

Answer 11

written questions directed to any party

Question 12

when must interrogatories be answered

Answer 12

within 30 days of service

Question 13

what is the limit of interrogatories that may be asked

Answer 13

35

Question 14

what is the business records exception for interrogatories

Answer 14

when a party’s answers can be obtained from business records, including ESI, that party can specify where in the records the answers may be found (as long as the burden is substantially similar for both parties) and make the records available in lieu of answering

Question 15

who can a party serve a request for production of documents and things, or entry upon land to

Answer 15

any party or as an independent action on witness

Question 16

what happens once a party or witness is served with a request for production of documents and things or entry upon land

Answer 16

must make all materials available

Question 17

what is the time limit imposed for a request for production of documents and things or entry upon land

Answer 17

30 day time limit to respond or object

Question 18

what form can the request for production of documents and things

Answer 18

the request may specify the form that the information is to be produced and the party may organize produced documents to correspond with requests, or may produce them as they are kept in the usual course of business

Question 19

what form must the request for entry upon land be in

Answer 19

request must contain items to be inspected with reasonable particularity and specify a reasonable time, place, and manner of making the inspection

Question 20

when can an adverse party be compelled to undergo a physical/mental examination

Answer 20

only when the condition of the party is at issue

Question 21

who can conduct a mental/physical health exam

Answer 21

doctor, vocational rehabilitation expert, licensed clinical psychologist

Question 22

what must the party who compelled the exam do with the exam

Answer 22

deliver a copy of the exam to the other parties in interest if requested, but then may request the examined party to deliver reports of any exams he has or may take for the same condition

Question 23

what does the party requesting the exam report waive if they request the report

Answer 23

any past or future patient-physician privilege pertaining to the disputed condition

Question 24

what can the party requesting discovery seek if the other party fails to respond after filing motion to compel

Answer 24

motion for sanctions, which can include
1. matter may be deemed proved
2. evidence may be excluded
3. pleadings may be struck, the case may be dismissed, or a default judgment may be entered
4. costs and attorneys’ fees
5. ordering a contempt

Question 25

when are sanctions not imposed for failure to comply with discovery request

Answer 25

ESI lost from routine, good faith operation of information systems

Question 26

what is the work product doctrine

Answer 26

writings or ESI prepared by a party or his attorney (or agent) in anticipation of litigation or in preparation for trial are not discoverable unless denial will cause unfair prejudice, undue hardship, or injustice to the party seeking discovery

Question 27

what does the work product doctrine not extend to

Answer 27

video tapes or other tangible things

Question 28

what is a hearing to determine qualifications of an expert

Answer 28

either party may file, no later than 60 days before trial, a motion for pretrial hearing to determine whether a witness qualifies as an expert or whether his methodologies are reliable under art. 702-705 of the Code of Evidence

“junk science” should trigger you

Question 29

when must a contradictory hearing be had for determining the qualifications of an expert

Answer 29

at least 30 days before trial

Question 30

what is the general rule as to the duty to supplement discovery responses

Answer 30

no duty to supplement responses that were complete at the time they were made

Question 31

what is the exception for the duty to supplement

Answer 31

any question regarding the identity and location of persons with knowledge of discoverable matters and expert witnesses and the subject of their testimony

Question 32

what does an attorney’s signature on a discovery request, response, or objection a certification of

Answer 32

that he has read the document and that to the best of his knowledge, information, and belief, formed after reasonable inquiry, it is:

1. consistent with the discovery rules and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law
2. not interposed for any improper purpose such as to harass or increase unnecessary costs
3. not unreasonable, unduly burdensome, or expensive given the nature of the pleadings