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11 Cards in this Set
- Front
- Back
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Required Disclosures
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§ Initial disclosures
§ Experts § Pretrial disclosures |
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Discovery Tools
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§ Depos
□ Should use subpoena deuces tecum to compel attendance and bringing of documents § Interogs § Requests to produce □ Must respond win 30 days § Physical/mental exam (only thru ct order) § Request for admission § There is a duty to supplement |
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Scope of Discovery
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§ Standard - Can discovery anything relevant to claim or defense
□ Relevant - reasonably calculated to lead to discovery of admissible evidence § Privileged matter is not discoverable □ Have to object with particularity as to why its privileged § Work product discoverable only if cannot be obtained elsewhere and substantial need □ NEVER for opinions, legal theories, conclusions, mental impressions □ Can be generated by party or representative of party § Experts □ Can depo witness whose opinions may be presented at trial, but only get to depo consulting expert with showing of substantial need. |
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Enforcement of Discovery sanctions - methods and types of significant sanctions
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§ Protective order
§ Partial violation □ Two steps for sanctions ® Can get order compelling performance ® Violation gets huge sanctions § Total violation □ Directly to huge sanctions § Big sanctions a) Establishment order (establishes facts as true) b) Strike pleadings of disobedient party (as to issues re the discovery) c) Disallow evidence from the disobedient party (as to issues re discovery) d) Dismiss Ps case (if bad faith shown) e) Enter default judgment against D (if bad faith shown) |
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Necessary party - test
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1) Court cannot accord complete relief without
2) Absentee's interest may be harmed if not joined (most common) 3) Absentee claims interest which subjects a party usually D to multiple obligations NOTE: ii. Joint tortfeasors not necessary |
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Is joinder possible/if not, is party an indispensible party?
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i. Must be feasible:
1) Personal jurisdiction 2) Joining him will not destroy diversity ii. If feasible, brought in, court picks P or D iii. If unfeasible, court chooses whether to proceed 1) Facts: a) Alt forum available? b) Likelihood of prejudice? c) Can prejudice be avoided 2) If court cannot proceed without, absentee is indispensible. CASE MUST BE DISMISSED |
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Impleader rules
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a. Can bring in for indemnity/contribution
b. Right to implead within 10 days of serving answer/permission after that c. P/TPD after joinder can assert claims against each other on same t/o i. Must be SMJ |
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Intervention rules
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a. Intervention of right
-Intervenor's interest may be harmed if she is not joined and her interest is not adequately represented now. b. Permissive intervention -Intervenor's claim or defense and the pending case have at least one cmmon Q - discretionary with court |
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Class Action - Requirements
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1. Numerosity, commonality, typicality, representative adequate
2. Case must fit into one of three types: prejudice (Class treatment necessary to avoid harm either to class member or to party opposing class) injunction, dmgs -Dmgs: common questions predominate over individual -Class action is superior method to handle dispute |
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Court steps after motion for certification
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b. Court must quickly determine whether to certify class
1. If so, must define class, class claims/issues/defenses, and appoint class counsel |
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Notice requirements
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1. Dmgs: individual notice to all reasonable identifiable members
1) Must inform they can opt out, bound if they don't, can have separate counsel 2. Individual notice not required in prejudice, injunction CA |
