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14 Cards in this Set
- Front
- Back
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Standard for what is Discoverable |
Anything relevant to the subject matter involved in the pending action |
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Limitation on California Discovery |
Right of Privacy [balance against need for info] |
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Not Discoverable |
(1) Privileged Matter [Responding party must object with particularity] (2) Work Product [Material prepared in anticipation of litigation] -Mental Impressions -Opinions -Conclusions -Legal Theories |
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Required Disclosures |
Expert Witnesses
-Parties will simultaneously exchange (i) list of experts offered at trial (ii) nature of testimony (iii) expert's qualification -May then be subject to deposition
Refusing to exchange information = exclusion of EW from testifying |
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Discovery Tools (4) |
(1) Deposition (2) Interrogatories (3) Requests for Production (4) Examinations |
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Limits on Depositions |
No limits unless court otherwise orders |
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Interrogatories |
(1) Form Interrogatories (drafted by judicial counsel): no limit (2) Special Interrogatories: 35, including subparts, unless declaration attached |
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Requests for Production |
May be requested by party only |
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How to request a non-party for a deposition |
Subpoena Ad Testificandum |
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How to request tangible things from non-party |
Subpoena Duces Tecum |
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Physical Examinations |
PE okay if physical health is actually in controversy (1) Lawyer may attend without court order (2) D may obtain one physical examination of P as a matter of right w/o court order |
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Mental Examinations |
ME okay of individuals mental health is actually in controversy (1) Lawyer may attend with court order (2) 35 |
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Discovery in Limited Civil Cases |
(1) Deposition: only one allowed (2) Interrogatories and Requests for Admission: only combined total of 35 allowed (3) Additional discovery requires court approval |
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Enforcement of Discovery Rules - Party Violation |
(1) Parties must meet and confer before seeking court orders -Exception: one party's total failure to respond; sanctions can be sought immediately (2) Violations of discovery rules includes "misuse" of discovery -Sanctions upon notice and reasonable opportunity to be heard (3) Can seek protective order |
