Civil Litigation: Discovery 2023 with 100% correct questions and answers

Discovery Formal pretrial process designed to give all parties access to the same evidence that will be available to all other parties at the time of trial Purposes of discovery 1. Obtain evidence that might not be available at trial due to a witness's age, health, or absence 2. Narrow issues for trial 3. Avoid unfair surprises in trial 4. Encourage settlement before trial Rule ______ of the Federal Rules of Civil Procedure governs discovery: Rule 26 Discovery is primarily self-executing, meaning: parties implement procedures on their own, with little court intervention An exception to self-executing discovery is A request for a physical or mental examination Discovery types permitted under the Federal Rules of Civil Procedure include 1. Interrogatories 2. Request to produce documents 3. Request for a physical/mental examination of persons 4. Request for admissions 5. Depositions (oral or written questions) Discovery devices are served on parties ONLY, except: 1. Depositions 2. The non-party is served with a subpoena duces tecum (Rule 45) Required disclosures at discovery meeting or within 14 days of meeting (Rule 26(a)): 1. Name, address, contact information, and subject matter for anyone who may have "discoverable information" 2. Copy/description of all relevant documents, electronically stored information, and tangible things to support claims or defenses 3. Computation of damages and supporting documents 4. Liability policy information related to the dispute Required disclosure at least 90 days before trial Expert witness information, including opinions, data, exhibits, qualifications, and fees Required disclosure 30 days before trial 1. List of witnesses 2. List of exhibits Interrogatories series of written questions served by one party upon another party, which must be answered under oath Rule _______ governs interrogatories: 33 No party can serve more than _______ interrogatories, unless there is _______________ or ______________ 25; a stipulation or permission from the court Many courts require that interrogatories be _______________________________________ from one set to the next numbered sequentially Engrossment Requirement that the discovering party must provide enough space between interrogatories to insert answers Rule 33 requires the responding party to answer interrogatories within ________ days 30 days Rule 34 (Federal Rules of Civil Procedure) allows for a party to request of any other party to produce: 1. Designated documents 2. Electronically stored information 3. Tangible things 4. An allowance for an inspection of land under control of the responding party Rule 34 requires a responding party to produce the documents or file appropriate objections within _________ _________ of service 30 days Subpoena duces tecum An order to a non-party in the case to appear and bring items with them; serves the same function as a Rule 34 request to produce documents for a party Rule ________ governs subpoenas duces tecum 45 Objections to a subpoena duces tecum must be served on the initiating party within _______________ of service 14 days An order for examination will be entered if the requesting party can prove: 1. The physical or mental condition of a party is an issue in the case, AND 2. There is good cause Rule _______ governs the requests for a physical or mental examination 35 Requests for admission can ask for an admission of truth in regards to: 1. Statements of fact 2. Opinions of fact 3. Application of law to fact 4. Genuineness of any document Requests for admissions are governed by: Rule 36 Deposition discovery device to record the sworn testimony of a witness prior to trial Depositions are governed by: Rule 30 (oral) AND Rule 31 (written) Compelling discovery in regards to parties is governed by: Rule 37 Subpoena document issued by a court clerk or attorney that commands a person to appear at a specified time and place to give testimony Subpoenas require ______________ service Personal Rule 26 provides that parties may discover anything that: 1. Is not privileged 2. Is relevant to the subject matter of the action, or 3. Could reasonably lead to admissible evidence Privilege protection against compulsory disclosure which is given to certain types of information, such as a trade secret or communications between certain categories of people Work product immunity applies to a lawyer's and a lawyer's staff preparations for trial Absolute immunity given to documents that contain the subjective thoughts of a party's lawyer or other representative; includes legal theories, conclusions, opinions, or mental impressions; almost impossible to overcome Qualified immunity given to other documents prepared for trial; can only be overcome by a strong showing that the opposing party has a substantial need and that an equivalent cannot be obtained in any other way Two ways for a person to resist a discovery attempt 1. File a protective order under Rule 26 (c) 2. Make a timely objection Orders compelling discovery are generally ___________________, or not final Interlocutory Exceptions to interlocutory status of discovery orders (meaning orders can be immediately appealed): 1. When a party is subject to criminal contempt for failing to comply 2. When the discovery order is directed to a nonparty 3. The appeal would meet the requirements of the Interlocutory Appeals Act