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21 Cards in this Set
- Front
- Back
Scope of Discovery |
A party may discover anything relevant to a claim or defense - Relevant: reasonably calculated to lead to the discovery of admissible evidence |
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Items that are Non-Discoverable |
(1) Privileged Matter (2) Work Product |
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Work Product |
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 |
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When a Witness Statement or Expert Witness Work Product is Discoverable |
(1) Substantial Need (2) Not otherwise available |
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Required Disclosures (3) |
Must be produced even if not requested: (1) Initial Disclosure (2) Expert Witness (3) Pretrial |
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Required Disclosures - Initial Disclosures |
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 |
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Required Disclosure - Expert Witness |
Party Must: (1) Identify Expert Witnesses to be used at Trial (2) Produce Written Reports containing Opinions, Data used, Qualifications, Compensation for Study |
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Discovery Tools - General: Propounding Party |
Propounding party must certify request: (1) Is warranted (2) Not imposed for an improper purpose (3) Not unduly burdensome |
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Discovery Tools - General: Receiving Party |
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 |
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Discovery Tools - Specific |
DIREA
(1) Deposition (2) Interrogatories (3) Requests for Production (4) Examination (5) Request for Admission |
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Deposition - Discovery Tools - Deposition |
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 |
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Deposition - Discovery Tools - Interrogatories: |
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 |
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Deposition - Discovery Tools - Requests for Production |
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 |
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Subpoena Duces Tecum |
Request for Production made to a Non-Party |
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Examinations [Physical or Mental] |
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 |
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Enforcement of Discovery Rules - Protective Order |
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 |
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Total Violation of Discovery (what qualifies) |
(1) Failing to attent deposition (2) Failing to respond to interrogatories (3) Failure to respond to request for production |
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Sanctions for Total Violation of Discovery Rules |
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 |
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Sanctions for Partial Violation of Discovery Rules |
(1) Order compelling party to provide answers [violation may result in heavy sanctions, costs, contempt for violations] (2) Costs of bringing motion to compel |
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Sanctions to Non-Party for violation of subpoena or court order |
Contempt |
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Violations to LAWYER of non-party for violation of subpoena or court order |
Costs (attorneys fees) of opposing party |