Discovery Tools Rules
FRCPs 30 + 31
What are the rules for oral and written depositions?
EXPLAIN
FRCP 26(f): discovery conference
What needs to be included in the discovery plan?
FRCP 26(b)(1): scope of discovery
What is the rule that states the requirements for discovery? What are the three requirements?
26(b)(3)(B): work product
What is the rule that states that documents prepared in anticipation of litigation are considered work product?
When can work product be discovered?
FRCP 37(b)(2): failure to comply w court orders
what is the rule that states that the court can impose major and minor sanctions for failure to comply with a court order? what are some of the sanctions?
FRCP 33
What is the rule for interrogatories?
EXPLAIN
FRCP 26(a)(1)(C): initial disclosures
What is the rule that states that initial disclosures must be made at or within 14 days of the discovery conference?
What must be disclosed?
Oxbow
What is the case that lays out the 7 proportionality factors? Name the factors
FRCP 26(b)(4)(B) & (C): expert work product
what is the rule that states that work product protections extends to drafts of expert witnesses reports and communications between attorney and witnesses?
What are the exceptions? What type of expert info cannot be discoverable?
NHL
what is the case that shows that the court may dismiss a claim for a party's failure to comply with a discovery order as a deterrent?
What is the rule for requests for production of documents/things/inspection of premises/ESI?
EXPLAIN
FRCP 26(a)(2)(A): expert testimony
What is the rule that states that expert witnesses must be disclosed before trial?
EXPLAIN
Relevance standard
What is the standard that discovery is relevant if it has the tendency to make a fact more or less probably and the fact is of consequence?
FRCP 37 (a) - motions to compel
What is the rule that allows a party to file a motion to compel discovery?
EXPLAIN
FRCP 37(e): spoliation
what is the rule that states that ESI should be preserved in anticipation of litigation and allows sanctions if a party fails to do so?
EXPLAIN
FRCP 35
EXPLAIN
FRCP 26(b)(2)(B): ESI
what is the rule that states that assuming ESI is non-privileged and relevant, a party does not need to provide ESI if it can show that it will cause undue burden or cost?
what is the rule that allows the non-moving party to resist discovery after attempting to confer with the moving party?
EXPLAIN
what is the rule that states that all discovery papers must be signed by at least one attorney certifying that the information is correct?
EXPLAIN
FRCP 36
What is the rule for requests for admissions?
Guardiola
What is the case that gives the good cause analysis to compel ESI? Name the factors.