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5 Cards in this Set
- Front
- Back
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SCOPE OF DISCOVERY |
26(b)(1) Non-Privileged info is within the scope of discovery, IF Relevant to the subject matter of litigation and Proportional to the need of the case. |
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RELEVANT AND PROPORTIONAL |
A. RELEVANT: If makes fact more or less likely >Davis v. Precoat Metals: amended request for discrimination complaints from other employees were relevant bc related specifically to allegation made in complaint. B. PROPORTIONAL: balances the following factors: 1. importance to society 2. amount in controversy 3. access to info 4. party's resources 5. importance to present case 6. cost-benefit analysis *POLICY: eliminates overly broad discovery. |
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DISCOVERY LIMITS (GEN GEN) |
A. EXCEEDS SCOPE B. PRIVILEGED C. WORK PRODUCT D. PRIVACY |
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EXCEEDING SCOPE |
26(b)(2)(C) discovery exceeds scope if: (i) unreasonably cumulative or duplicative (ii) ample opportunity to get info thru other device (iii) outside scope of 26(b)(1) - e.g. not relevant/proportional |
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PRIVILEGED |
26(b)(1) only allows discovery of non-privileged info *only protects communications NOT factual records. UNLESS priv is waived by: 1. disclosing info to third pary 2. putting info at issue in the case. >Taylor v. Hickman: no priv bc not atty-client communication. |
