Civil Procedure Questions & Answers with Rationales 2024/2025 Grade A+

Civil Procedure Questions & Answers with Rationales 2024/2025 Grade A+ Discover: Required Disclosures - ANSWER-These materials must be produced even though no one asks for it. 1. Initial Disclosures - identities of persons - money documents - insurance information 2. Expert Witnesses Initial disclosures. Unless a court order or stipulation of parties says otherwise, within 14 days of the Rule 26(f) conference (page 58), what must each party disclose? - ANSWER-(a) Identities of persons who have discoverable info that you (the disclosing party) may use to support your claims or defenses. (b) Documents and things that you may use to support your claims or defenses. You may produce copies or a description of these things. (c) Computation of monetary relief and documents/ESI supporting it. (d) Insurance coverage. D must disclose any insurance that might cover all or part of the judgment in the case What info do you give about these people? - ANSWER-Name and telephone number and subjects on which they have information. What kinds of people do you have to disclose - ANSWER-only in the initial disclosure have to id the people you will use to support your claim (don't have to id people who hurt your case) What happens if a party fails to identify someone she was required to identify? - ANSWER-The party cannot use that witness in the case (unless the failure to identify was substantially justified or harmless). Document Disclosure - ANSWER-Must disclose documents that support your argument Does the info to be disclosed include photographs, recordings, and electronically stored info (ESI)? - ANSWER-Yes- not just documents and memos, its is also these other recordings Does the info to be disclosed include tangible things? - ANSWER-Yes - tire remnants example What happens if a party fails to disclose something she was required to disclose? - ANSWER-You cannot use that material in the case (unless the failure to disclose was substantially justified or harmless). What if you know about such documents, ESI, or things that support your case, but they are not in your custody or control? Do you have to disclose them? - ANSWER-No- only disclosing if they're in your custody or control Computation of monetary relief and documents/ESI supporting it. - ANSWER-Anyone claiming monetary relief must provide a "computation," supported by documents or ESI of the amount sought. D has to disclose insurance: Is this true even though existence of such insurance will not be admissible at trial? - ANSWER-Yes, still has to disclose. Because what is discover-able is broader than what is admissible Later int eh case at a time identified by the court, each party must identify: - ANSWER-Expert witnesses- who may be used at trial Suppose a party hired an expert to help it prepare the case, but does not intend to call that expert to testify at trial. Is this an expert witness? - ANSWER-No- a What if you know about such documents, ESI, or things that support your case, but they are not in your custody or control? Do you have to disclose them? - ANSWER-No- only disclosing if they're in your custody or control Computation of monetary relief and documents/ESI supporting it. - ANSWER-Anyone claiming monetary relief must provide a "computation," supported by documents or ESI of the amount sought. D has to disclose insurance: Is this true even though existence of such insurance will not be admissible at trial? - ANSWER-Yes, still has to disclose. Because what is discover-able is broader than what is admissible Later int eh case at a time identified by the court, each party must identify: - ANSWER-Expert witnesses- who may be used at trial Suppose a party hired an expert to help it prepare the case, but does not intend to call that expert to testify at trial. Is this an expert witness? - ANSWER-No- a Continues...