Civpro - Discovery

Front 1

Relevance - Rule 26b1:

Back 1

Parties m/ obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action.

It is not ground for objection that the info sought w/b inadmissible at the trial if the info sought appears reasonably calculated to lead to the discovery of admissible evidence.

Authorizes discovery of any matter, not privileged that is relevant to the claim or defense of any party.

Relevance grants power and limits it; privilege operates solely on limitation.

To be discoverable, relevance m/b relevant to a claim or defense - info tends to prove or disprove s/t the law says matter.

Front 2

Privileged matters?

Back 2

Privileged matters, even though they are relevant, are not discoverable (atty-client; physician-patient). 26(b)(1)

Confidential matters are not privileged info w/in the law of evidence, and are discoverable if relevant.

Rule 26c - A party m/b able to shield confidential matters from discovery by obtaining a protective order.

Front 3

Discovery process includes:

Back 3

26a1 - parties must w/o awaiting a disc’v request come forward with certain basic info (A-D); required disclosures (cases based administratively or against US or otherwise stipulated or directed by order). 14 days after 26f conference

26b1 - parties ask for additional info under guidelines.

26f - 21 days before scheduling conference parties h/to meet

16b - scheduling order w/in 90 days after D’s appearance and before 120 days of service.

Front 4

Interrogatories:

Back 4

Rule 33:
Limit 25, unless leave of court is granted under 26b2
Only send to named parties
Not served before time specified in 26d - before scheduling conference

Front 5

Request for Admissions:

Back 5

RULE 36
Matter is admitted unless w/in 30 days after service the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party’s atty.

Party m/ deny the matter or set forth reasons why the party c/n admit or deny it - 37c.

Front 6

Ensuring compliance:

Back 6

RULE 37
Motion for Order Compelling Discovery - 37a
Failure to Comply - sanctions

Front 7

Is trial preparation material privileged?

Back 7

All relevant non privileged materials prepared by an atty with an eye t/w litigation are free from discovery unless the party seeking disc’v can show (I) a subst need for the materials and (ii) an inability to obtain equivalent material by other means.

Front 8

Expert information:

Back 8

Rule 26b4 contains special provisions for discovery of experts.

Attempts to blance 2 competing procedural policies: a policy against freeloading and laziness by one party who seeks to develop his case through the efforts of the other party, and that both parties s/h access to all vital info prior to trial.