Civil Procedure - Frcp - Discovery - 2/15

Front 1

Scope of Discovery

Back 1

A party may discover anything relevant to a claim or defense

- Relevant: reasonably calculated to lead to the discovery of admissible evidence

Front 2

Items that are Non-Discoverable

Back 2

(1) Privileged Matter

(2) Work Product

Front 3

Work Product

Back 3

Work product: material prepared in anticipation of litigation, prepared by a party, lawyer or agent of either one if it contains:

(i) mental impressions

(ii) opinions

(iii) conclusions

(iv) legal theories

Front 4

When a Witness Statement or Expert Witness Work Product is Discoverable

Back 4

(1) Substantial Need

(2) Not otherwise available

Front 5

Required Disclosures (3)

Back 5

Must be produced even if not requested:

(1) Initial Disclosure

(2) Expert Witness

(3) Pretrial

Front 6

Required Disclosures - Initial Disclosures

Back 6

Must be made w/in 14 days of pretrial conference

Party must:

(1) Identify persons and documents

(2) Likely to have discoverable information that

(3) May be used to

(i) Support claims/affirmative defenses

(ii) Compute damages and insurance for any judgment

Front 7

Required Disclosure - Expert Witness

Back 7

Party Must:

(1) Identify Expert Witnesses to be used at Trial

(2) Produce Written Reports containing Opinions, Data used, Qualifications, Compensation for Study

Front 8

Discovery Tools - General: Propounding Party

Back 8

Propounding party must certify request:

(1) Is warranted

(2) Not imposed for an improper purpose

(3) Not unduly burdensome

Front 9

Discovery Tools - General: Receiving Party

Back 9

Receiving Party must:

(1) Respond within 30 days of service

(2) Sign substantive answer under penalty of perjury

(3) Supplement if discovery document is complete or incomplete

Front 10

Discovery Tools - Specific

Back 10

DIREA

(1) Deposition

(2) Interrogatories

(3) Requests for Production

(4) Examination

(5) Request for Admission

Front 11

Deposition - Discovery Tools - Deposition

Back 11

Defined: sworn oral statement by opposing party responding to questions

(1) May be requested by party or non-party

(2) May be recorded in audio or video

(3) Number: 10 [same person cannot be deposed twice without court approval or stipulation]

(4) Duration: max 7 hours/day unless court approval or stipulation

Front 12

Deposition - Discovery Tools - Interrogatories:

Back 12

Sworn written statements by opposing party responding to questions:

(1) May be requested only of a party

(2) Cap = 25; including subparts [unless court approves or stipulates otherwise]

(3) Use at trial: answering party cannot offer own answers into evidence

Front 13

Deposition - Discovery Tools - Requests for Production

Back 13

Applies to documents and things made available for review or copying by entry upon property or inspection

-May be requested of a party or a non-party

Front 14

Subpoena Duces Tecum

Back 14

Request for Production made to a Non-Party

Front 15

Examinations [Physical or Mental]

Back 15

Only allowed if physical/mental health is in actual controversy

Obtained by:

-Motion to Compel

-Order Supported by Good Cause based on Content of Motion to Compel

Front 16

Enforcement of Discovery Rules - Protective Order

Back 16

Party from whom discovery request is sought may seek protective order if the discovery request is overly burdensome, annoying, embarassing, expensive, or involves a trade secret

Front 17

Total Violation of Discovery (what qualifies)

Back 17

(1) Failing to attent deposition

(2) Failing to respond to interrogatories

(3) Failure to respond to request for production

Front 18

Sanctions for Total Violation of Discovery Rules

Back 18

RAMBO Sanctions

(1) Establishment order (establish a fact as true)

(2) Strike pleadings of violating party as issue regarding discovery request

(3) Disallow evidence from violating party as to issue re: discovery request

(4) Dismiss P's case

(5) Enter Default Judgment

+ Cost of bringing Motion to Compel [attorneys fees]

Contempt for Violation

Front 19

Sanctions for Partial Violation of Discovery Rules

Back 19

(1) Order compelling party to provide answers [violation may result in heavy sanctions, costs, contempt for violations]

(2) Costs of bringing motion to compel

Front 20

Sanctions to Non-Party for violation of subpoena or court order

Back 20

Contempt

Front 21

Violations to LAWYER of non-party for violation of subpoena or court order

Back 21

Costs (attorneys fees) of opposing party