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11 Cards in this Set

  • Front
  • Back
What are the initial disclosures required under 26(a)(1)?
Potential Witnesses
Potential Exhibits
Computation of any category of damages
Insurance agreements
This should take place 14 days after the discovery meeting unless parties agree otherwise.
What are the rules regarding expert witnesses under 26(a)(2)?
Requires that there be a written report from the experts that is produced. Also, exhibits, qualifications, publications, compensation for testimony, listing of other cases.

No court order is needed. It must be done automatically.

Parties are required to disclose the names of testifying experts at least 90 days before trial. These experts may be deposed after disclosure. The names of non-testifying experts do not have to be disclosed under this rule.
When does a party have to disclose a list or witnesses they may bring to trial?
Under Rule 26(a)(3)(A), the list must be filed 30 days before trial. This is a relatively new and controversial rule. These witnesses may be called if the need arises at trial.
What sorts of things are discoverable?
Under Rule 26(b)(1), a party may ask for anything even a letter containing inadmissable hearsay evidence if what they are asking appears reasonably calculated to lead to the discovery of admissable evidence.

Evidence must be relevant, but does not itself have to be admissable if it leads to discovery of admissable evidence.
What sorts of things are not discoverable?
Under Rule 26(b)(1) Privileged Information barred from discovery if between:
News agency/source
State secrets

Any information prepared in anticipation of litigation unless the other party demonstrates that she has substantial need for the materials and cannot obtain substantially equivalent information through other means without undue hardship. Under Rule 26(b)(3), This will never include mental impressions, conclusions, opinions, or legal theories of an attorney.
When can you use a motion for Protective order?
This is the principle device for limiting discovery accompanied by certificate. A party can seek to be protected from anything deemed abusive. This is under Rule 26(b)(2).
When should the discovery conference take place?
Under Rule 26(f), it should be scheduled 21 days in advance.
How long does a party have to fulfill a document request under Rule 34?
The party who the request is served shall serve a written respone regarding the documents within 30 days after the service of the request. The response shall state with respect to each item or category that inspection and related activities will be permitted as requested unless the request is objected to in which even the reasons for the objection shall be stated.
What device is available to get information from non-parties?
Under Rule 30, depositions can be used to get information from non parties. The must be served with a subpoena to compel them to appear to a deposition. Parties simply need to be notified.
What is the time limit of a deposition?
Under Rule 30(d)(2), deposition is limited to 1 day of 7 hours but court must allow additional time if needed and requested.
Can you be held in contempt of court if you do not submit yourself to mental or physical examination?
No, Under Rule 35, you will not be held in contempt, however you may lose your case. Court may only order examination, if there is good cause.