Pretrial Discovery Mnemonics

Front 1

Use a PAID MAID for pre-trial discovery

Back 1

P – Physical Exam
A – Request for Admissions
I – Written Interrogatories
D – Depositions (a.k.a. EBTs – “examinations before trial”)
M – Mental Exam
A – Demand for Addresses
I – Inspection of Evidence
D – Discovery of Evidence (“Discovery & Inspection”)

Front 2

In a personal injury action, P should always demand to see if there are any
WAIFS

Back 2

W – Disclosure of identities of witnesses (but not their statements), or the
disclosure of expert witnesses (IQSOS)
A – Disclosure of accident reports prepared in the regular cause of business
I – Disclosure of liability insurance policies
F – Disclosure of films, videos, or audio tapes taken of the P
S – Disclosure of any statements made by the P

Front 3

Protective orders seek to prevent unreasonable DEEP abuses of discovery
procedure.

Back 3

D – Disadvantage
E – Embarrassment
E – Expense (especially where there is economic disparity between the
parties)
P – Prejudice

Front 4

Object to the form of an EBT question at A CLAM BAR

Back 4

A – Ambiguous Question
C – Compound Q (asking 2 things at once)
L – Leading Q on direct exam
A – Argumentative & Badgering Q
M – Misquoting an earlier statement
B – An overly Broad Q
A – Assuming a fact not in evidence when asking Q
R – Redundant Q on direct exam (previously asked & answered by witness)

Front 5

BAR SAP needs a court order for EBTs

Back 5

B – Before an action has been commenced, to assist in bringing an action, or
to preserve evidence
A – After a case is placed on the trial calendar, and the other party makes no
objection w/in 20 days that the case is not ready for trial, no further
discovery is allowed unless the moving party can show the ct that “unusual
or unanticipated” circumstances occurred subsequent to filing the notice of
issue and that prejudice would result if further discovery is not permitted.
R – Refusal to comply w/ EBT Demand
S – Special Proceedings - Art. 78 (except notices to admit are permitted in
special proceedings)
A – Arbitration requires extra-ordinary circumstances for ct to order pre-trial
discovery
P – Prisoners

Front 6

DRIPS are a discovery punishment

Back 6

D - Dismiss action against DRIPS P or order default judgment against
DRIPS D
R – Resolve issues against a non-disclosing party
I – Impose attorney’s fees & punitive sanctions against non-disclosing party
P – Preclude that party from offering evidence on certain issues
S – Strike that party’s pleading or any part thereof

Front 7

An expert witness must disclose I.Q. S.O.S.

Back 7

I – Expert’s Identity (except doctor’s identity in med mal case doesn’t have
to be disclosed - to prevent retaliation by other doctors (peers)).
Q – Expert’s Qualifications
S – Subject matter on which expert will testify
O – Substance of expert’s Opinion; AND
S – Basic Overall Summary of grounds that form basis of Expert’s Opinion

Front 8

There’s a BAN on interrogatories

Back 8

B – Bill of Particulars & Interrogatories can’t both be demanded (except in
matrimonial actions)
A – P can’t demand interrogatories from D until after D’s time to Answer has
expired.
N – Where Negligence is sole basis of P’s claim interrogatories or EBT’s can
be demanded but not both.

Front 9

BP is demanded only for LAP

Back 9

L – Limits proof that can be offered at trial
A – Amplifies pleading
P – Prevents surprise at trial