Discovery/Sanctions Flashcards
(39 cards)
Rule 26(f) Conference. The parties must confer as soon as it is practicable to:
- Consider their:
* claims and defenses,
* the possibility of settlement,
* initial disclosures, and
* a settlement plan; AND - Submit to the court a proposed discovery plan addressing:
* the timing and form of required disclosures,
* the subjects on which discovery may be needed,
* the timing of and limitations on discovery, and
* relevant orders that may be required by the court.
Additional pretrial conferences may be held to expedite the trial and foster settlement.
Each party to an action MUST make certain initial disclosures, even if an opposing party does not ask for such information, within 14 days after the parties’ Rule 26(f) conference. These disclosures include:
- The names, addresses, and telephone numbers of individuals likely to have discoverable information that the disclosing party may use to support its claims or defenses, UNLESS the use would be solely for impeachment;
- Copies or descriptions of documents, electronically stored information, and tangible things that are in the disclosing party’s possession or control that the disclosing party may use to support its claims or defenses, UNLESS the use would be solely for impeachment;
- A computation of damages claimed by the disclosing party and copies of materials upon which the computation is based; AND
- Copies of insurance agreements under which an insurer might be liable for all or part of any judgment that might be entered.
Generally, discovery is permitted with regard to any non-privileged matter that is:
scope
- Relevant to any party’s claim or defense in the action; AND
- Proportional to the needs of the case.
On motion or on its own, the court is required to limit the frequency or extent of discovery if the court determines that:
- The discovery sought is unreasonably cumulative or can be obtained from some other source that is more convenient or less expensive; OR
- The party seeking discovery had ample opportunity to obtain the information by discovery in the action.
What is a deposition?
A deposition is a testimony taken under oath outside of court.
What is the limit on depositions without leave of the court?
The plaintiffs and defendants, each as a group, are limited to 10 depositions by oral or written examination.
This limitation applies unless the court allows otherwise.
What is the duration limit for an oral deposition?
An oral deposition is limited to 1 day of 7 hours, unless otherwise agreed by the parties or ordered by the court.
What must a party provide when seeking an oral deposition?
A party must give reasonable written notice to every other party, stating the time and place of the deposition, and if known, the deponent’s name and address.
This notice requirement ensures all parties are informed and can prepare accordingly.
when may a deposition be taken?
A party may take the deposition of any party or nonparty witness at any time after the party has made its initial disclosures.
work product materials will NOT be protected from disclosure to opposing counsel IF:
- The materials are otherwise unavailable;
- There is a substantial need for the materials; AND
- The materials cannot be obtained without undue hardship.
what work product is NEVER discoverable.
a writing that reflects an attorney’s impressions, conclusions, opinions, legal research, or theories
what MUST an attorney do when witholding information she believes is privileged or protected by work-product,
- make the claim expressly; AND
- describe the nature of the documents in a manner that will enable other parties to assess the applicability of the privilege or work-product doctrine.
What sanctions can the court issue if counsel or a party fails to appear, participate in good faith, or obey a pretrial conference order?
Sanctions may include dismissal of all or part of the action or holding parties in contempt of court.
Under what circumstances is dismissal of an action considered a severe sanction?
When a party’s conduct is serious, repeated, extreme, or otherwise inexcusable.
What happens if a party or her attorney fails to participate in good faith in the development of a Rule 26(f) proposed discovery plan?
The court may order the party or attorney to pay reasonable expenses, including attorney’s fees.
True or False: The court can impose sanctions even if a party fails to participate in good faith in a pretrial conference.
True
Fill in the blank: The court may issue sanctions if counsel or a party fails to _______.
appear, participate in good faith, or obey a pretrial conference order
What is one potential consequence for failing to participate in the framing of a discovery plan?
Paying reasonable expenses, including attorney’s fees.
The court may issue sanctions (including dismissal of all or part of the action or holding parties in contempt of court) if counsel or a party:
- Fails to appear;
- Fails to participate in good faith; OR
- Fails to obey a pretrial conference order.
What is required for every pleading, written motion, and other paper served?
Must be signed by at least one attorney of record or by a party personally if unrepresented
This ensures accountability and proper representation in legal proceedings.
What information must be included in the signed paper?
Signer’s address, email address, and telephone number
This contact information is essential for communication and further legal processes.
True or False: The court will accept unsigned papers without any corrections.
False
The court MUST strike an unsigned paper unless corrected promptly.
Fill in the blank: The court must ______ an unsigned paper unless the omission is promptly corrected.
strike
This emphasizes the importance of signatures in legal documents.
Who can sign a pleading if a party is unrepresented?
The party personally
This allows individuals without legal representation to participate in legal proceedings.
