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28 Cards in this Set
- Front
- Back
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RULE 26 What must be disclosed in initial disclosures? |
Parties must provide other parties with a list of people who likely have discoverable information, ESI, computation of damages, and any insurance agreements. |
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RULE 26 When must initial disclosures be disclosed? |
14 days after the discovery conference; 30 days after being joined for newly joined parties. |
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RULE 26 What is the scope of discovery? |
All non-privileged information is discoverable if it is relevant to the case and is proportional to the needs of the case. Relevant information need not be admissible. |
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Work-Product Doctrine |
A party may not discover documents and tangible things that are prepared by a party or its representatives in the anticipation of litigation. If court does order discovery, all mental impressions, conclusions, opinions, and legal theories must be protected. |
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Work-Product Doctrine Exceptions |
-Otherwise discoverable; and -the discovering party shows that they have substantial need for the requested discovery and cannot proceed without undue hardship. |
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Attorney-Client Privilege |
Any communications between a lawyer and their client for the purpose of legal advice is confidential and never discoverable. |
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RULE 26 Claiming Privilege- Information Withheld |
The party claiming privilege must expressly make the claim and describe the withheld information without revealing the privileged material in order the parties to access the claim. |
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RULE 26 Claiming Privilege- Inadvertently Produced |
Producer may contact the recipient to notify them of the disclosure. Upon notification, the recipient must promptly return, destroy, sequester the disclosure. They must not use or disclose the information and must take reasonable steps for retrieve it. They may present it to the court under seal for determination. |
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RULE 26 Protective Order |
The court may issue a protective order to modify or forbid discovery from annoyance, embarrassment, oppression, or undue burden or expense. |
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RULE 26 Supplementing Discovery |
A party MUST supplement or correct discovery that they have learned is incorrect or incomplete. |
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RULE 26 Signing Discovery |
All discovery must contain the attorney's signature and contact information. |
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RULE 26 What does signing discovery certify? |
It certifies based on their best information, belief, and knowledge formed after reasonable inquiry: 1) the disclosures are complete and correct 2) the requests, responses, and objections are warranted by existing law, not made for improper purpose, and not unreasonable more unduly burdensome or expense considering the needs of the case. |
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RULE 26 What happens if a discovery document is not signed? |
The party does not have to comply. The court may strike the discovery if it is not promptly signed. |
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RULE 33 What are interrogatories? |
Interrogatories are sworn written questions and answers between parties. |
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RULE 33 When must answers to interrogatories be submitted? |
30 days after service. |
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RULE 34 What is a request to produce? |
A request for documents, ESI, or permit to land or property for inspection. |
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RULE 34 What must a request to produce contain? |
It must contain with particularity what is to be produced; the time, place, and manner for inspection; and form specified for ESI. |
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RULE 34 When must a party respond to a request to produce? |
30 days after service. |
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RULE 34 Who can be requested to produce? |
Parties and non-parties. |
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RULE 34 How must e-discovery be produced? |
It must be produced as they are kept in the usual course of business. If no form is specified, the party must produce it in the form that's normally used. |
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RULE 35 When can a medical examination be ordered? |
It can be ordered by the court when the medical condition is in controversy and there is good cause for the exam. |
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RULE 35 Who can be ordered for medical examination? |
Only parties or a person who is under the parties' custody or control. |
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RULE 36 What is a request for admission? |
Written admissions or denials from a party in order to take allegations out of controversy to focus on what's in dispute. |
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RULE 36 When must a request for admission be submitted? |
30 days after service. |
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RULE 30 When may depositions be taken? |
Without leave: Any person, party or non-party.
With leave: If the deponent is in prison or the parties have not stipulated and: -the deponent has already been deposed; -the deposition will result in more than 10 depositions -the party seeks to take the deposition earlier than the specified time.
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RULE 30 Deposition Notice |
All parties must be provided with written notice stating the time and place of address. It must state the deponent's name and address; if name unknown, must provide general description of identification. |
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RULE 30 Deposition Recording |
The party who notices the deposition must state the method of recording (audio, audiovisual, or stenographic). The noticing party bears the cost of recording. |
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RULE 30 Deposition Duration Limits |
Unless otherwise stipulated by the court, 1 day of 7 hours. 10 days |
