Scope of Discovery & Discovery Sanctions

Question 1

Material is within the proper scope of discovery if it is:

Answer 1

-relevant
-proportionate and
-not privileged

Question 2

Relevant discovery

Answer 2

Broad, liberal relevance to any part of any claim or defense and need not be admissible at trial

Question 3

Proportionate discovery

Answer 3

Burden of discovery must be outweighed by the benefits of discovery

Question 4

What is privileged under discovery

Answer 4

Work product

Question 5

Work product

Answer 5

Any material that has been prepared for litigation

Question 6

Types of work product

Answer 6

-Attorneys mental impressions in any form are always privileged

-All other forms of work product are not discoverable unless there is a showing of substantial need such that an undue hardship would result w/o the work product

Question 7

Sanctions: Failure to respond to a discovery request

Answer 7

After certifying a good faith attempt to obtain discovery, party may:

-move to compel discovery; and
-recieve costs and fees incurred in obtaining the discovery

Question 8

Sanctions: failure to make automatic disclosure

Answer 8

May not use that information or evidence in any hearing unless can show substantial justification for failure to disclose

Question 9

Sanctions: violation of a court order

Answer 9

Court can bar presentation of claim or defense, or evidence thereof