Rule 26: Scope of Discovery
Rule 26(b) Discovery scope and limits?
(1) Any non-privileged matter
(2) Relevant to any parties claim/defense
(3) Proportional to the needs of the case
What are interrogatories? How many can you have? Time period?
Written questions asked by the one party to another where client has to answer them under oath
Limited to 25
other side gets 30 days to object or answer
What is the first step of the work product test?
Is it work product?
(1) Doc. or tangible thing?
(2) Prepared in anticipation for lit. or trial?
(3) By or for a party or its lawyer
What is summary judgment?
Allows you to end a case before a jury trial
Movant- Those who move for SJ
Non-movant- Those who are not moving or are the respondent
What is voluntary dismissal?
Rule 41 (a)(1)(1) and (a)(1)(b) - Dismiss the case either early enough or by consent
its effect is without prejudice
Primary optional instruments of discovery?
Rule 30: Depositions
Rule 23: Interrogatories
Rule 34: Requests for production
Rule 36: Requests for admission
Rule 35: Physical/ mental Examination
What are requests for production?
Asking for products from the other side such as documents and such
What is step two of the work product test?
Discoverable anyway?
(1) Otherwise discoverable under 26(b) (Do the scope of discovery test
(2) Substantial need by other party?
(3) No equivalent info can be obtained in another way
What are some important parts of rule 56: SJ?
(a) No genuine dispute as to any material facts (If we try this 100 times with 100 different juries it will always be ruled the same)
(b) Motion for SJ anytime until after 30 days since discovery closed
(c) Show don't tell. Cite to particular materials
(f) Judgment ind. on motion. Grant for nonmovant, grant on the grounds not raised
What is involuntary dismissal?
Required instruments of discovery
Initial disclosure
expert testimony
pretrial disclosure
What is requests for admission?
Requests for the other party to admit or deny
No limit on these
If they admit, it goes off the table for trial
What is the third step of the work product test
Caution
If there are lawyers material impressions, opinions, or legal theories.
How did Celotex change the standard from adickes?
What role should the just play in SJ motions?
Took the burden off of the D to disprove plaintiffs claim and adds another factor of being able to show plaintiff can't prove their claim
Judges role:
(1) Credibility determination- Weigh on the side of the nonmovant
(2) Weighing the evidence - On the side of the nonmovant
(3) Drawing of legitimate inferences from facts to determine outcome
Biggest cases for voluntary and Involuntary
McCants v. Ford
Wojitas v. Capital
Link v. Wabash
What is sanctions within discovery
Rule 37: Motion to compel
When you can't reach an agreement with the other side on whether items are discoverable
Asking court to compel other side to give you what you want.
The side whom fails, has to pay attorneys fees for that work
What are depositions and its rules?
(a)(2) If parties agree, no need to get court involved
(b)(3) Party who notices deposition must state the method of rec. in that notice
(d)(1) Limited to one day of 7 hours
(d)(3) Motion to terminate or limit
Holder of privilege is or sought to be client
Made by a lawyer who was acting as persons lawyer
Privilege has been claimed and not waived by C
No outside people around
Some major cases for SJ
Cross v. United States
Adickes v. Kress
Celotex v. Catrett
Anderson v. LL
What is default judgment?
Rule 55: When a party fails to plead or otherwise defend, clerk must enter the partys judgment
(b)(1) Sum certain claim- Clerk can enter the judgment when the claim is sum certain
(b)(2) When it is not, a judge will have to look at it, often with a trail, in which sometimes they will show up to dispute
See practice problems
C-1-2
and Practice problem from class (VIII-1)
What are protective orders? 26(c) (Some examples)
Ask the court to protect you in discovery, court can give you these types of relief:
Specifying terms
Forbidding disclosure
trade secret
See practice problem
C-3
Some Practice problems
D-1-2
Best case for default judgment
Coulas v. Smith