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21 Cards in this Set
- Front
- Back
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What two thing are required for something to be discoverable?
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1. Method of discovery must be proper 2. Material sought must be in the proper SCOPE of discover |
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What four things are required to be automatically disclosed?
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1. All potential supporting witnesses
2. All relevant supporting documents, including electronic docs 3. Damages computation 4. Relevant insurance coverage |
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What is the only discovery method that can be used on a non-party?
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Depositions
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What is the presumptive limit for depositions?
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Only 10 per side and only 7 hours each.
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What is the presumptive limit for interrogatories?
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only 25 interrogatories can be served on any particular party.
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What two things are required for a request for a physical or mental exam?
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1. the condition is in controversy 2. no other way to get the evidence other than an examination Note: Only discovery method that requires a court order. |
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When does a party not have to initially produce electronic info?
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- If it can show that it would be unduly burdensome or costly.
- But, nonetheless, a judge can order production on good cause shown (proportionate in that the benefits of the discovery outweigh the costs) |
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What is a request for admission?
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- A party may request that another party admit certain facts are true or the genuineness of documents.
- If the responding party fails to deny the request within 30 days, the request is deemed to be admitted. |
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What are the obligations to disclose an expert witness?
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a party must make full disclosure of its experts and their reports at least 90 days before trial.
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What are the obligations to disclose a lay witness?
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must disclose lay witnesses (live or depo) 30 days before trial.
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What is the duty to supplement discovery?
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Automatic, ongoing obligation to disclose any newly discovered info within a reasonable time of its discovery.
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What are the three requirements for Scope of discovery?
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1. Relevant 2. Proportionate 3. Not privileged |
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What is required for something to be relevant for discovery?
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Broad relevance - relevant to any part of any claim or defense and it need not be admissible at trial.
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What is the Proportionate requirement for discovery?
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The burden of discovery must be outweighed by its benefits.
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What is the Privilege requirement for discovery? |
Can't be work-product
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What are the two types of work product?
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1. Attorney impressions; and 2. Everything Else |
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When are Attorney impressions discoverable?
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Attorney's mental impressions in any form. NEVER discoverable.
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What two things are required for non-attorney impressions work to be discoverable?
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1. substantial need and 2. undue hardship. i.e. no other way to get that information. |
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What is the sanction for not responding to a discovery request?
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After certifying a good faith attempt to obtain discover, a party then may move to compel production and will receive its fees and costs in having to obtain discovery by that means.
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What is the sanction for not disclosing something required to be automatically disclosed? |
Party that failed to disclose may not use the information that was not disclosed, unless it can show a substantial justification for its failure to disclose.
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What is the sanction for violating a court order compelling discovery? |
court has discretion to preclude you from presenting evidence of a claim or defense or the entire claim or defense.
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