The Bend & Snap
(Fundamentals)
(Fundamentals)
The primary purpose of discovery in a lawsuit is to do this.
To gather evidence and information (to prevent surprise at trial).
This fundamental ethical rule, which prevents sharing sensitive information without authorization, applies to case managers just as it does to attorneys.
Client Confidentiality (or Attorney-Client Privilege).
A set of written questions sent to the opposing party, which must be answered under oath.
Interrogatories
In Federal Court, the number of days a party generally has to respond to interrogatories after being served
30 days
To protect privileged information, this technique is used to obscure sensitive text in a document or file.
This term refers to the destruction or significant alteration of evidence relevant to a lawsuit
Spoliation
Answers to interrogatories must be provided in this manner, emphasizing the seriousness and legal weight of the information provided.
Under Oath
A written request for the other party to admit or deny the truth of certain facts or the authenticity of documents.
Request for Admission
This type of discovery often involves attorneys simply agreeing to exchange documents and information.
Informal Discovery
Documents that are relevant to the case and must be turned over to the opposing party are called this.
Responsive Documents
This is the Federal Rule of Civil Procedure that covers the basics of discovery, including scope and limits.
Rule 26
Before a deposition, this important meeting should be scheduled for the attorney and the deponent.
Deposition Preparation Meeting
This written demand requires the opposing party to produce documents and other tangible items for inspection.
Subpoena Duces Tecum
If a responding party withholds a document based on attorney-client privilege, they must include this with their discovery responses.
Privilege Log
A system of coding used in discovery to identify documents being produced.
Bates-labeling (will also accept Bates-stamp/Bates-numbering)
This is the process of legally delivering a subpoena to a person. What
To build trust and manage client anxiety during the discovery process, case managers should provide clients with this on a regular and periodic basis.
Status Updates
Federal rules generally limit the number of interrogatories a party can serve on another to this many.
25
Information does not need to be admissible at trial to be discoverable, as long as it is reasonably calculated to lead to this.
Discovery of Admissible Evidence
DAILY DOUBLE
Inspect
The rules governing federal discovery are found in Title V of these, specifically Rules 26 through 37.
The Federal Rules of Civil Procedure
When a client is being emotional or difficult, a case manager must manage their own emotions and maintain this at all times.
Professional Demeanor
If a request for production is not fulfilled, a party can file this to obtain a court order demanding the production of materials.
Motion to Compel
DAILY DOUBLE
Lack of Information of Knowledge
When documents contain confidential information, parties may agree to this court order to protect the sensitive information from public disclosure.
Protective Order