Scope of Discovery
Attorney-client privilege.
What is a privilege that protects confidential communications made between a lawyer and client in order to obtain legal advice?
A subpoena may only command compliance when.
What is within <100 miles of where the person resides, is employed, or regularly transacts business in person or lives in the state where the deposition is taking place.
A judge oversees pretrial conferences for these purposes.
What is formulating and streamlining the case to make trial more efficient and avoid unnecessary proof or surprise?
This type of dismissal, filed before the defendant has filed an answer or motion for summary judgment, is dismissed with_______ and allows the plaintiff to refile the same claim.
What is a voluntary dismissal without prejudice?
This type of motion, filed after the non-moving party has been fully heard on an issue, asks the court to find that no reasonable jury could reach a verdict in that party's favor.
What is Judgment as a Matter of Law (JMOL)?
This type of work product receives the highest level of protection AND is virtually undiscoverable, consisting of an attorney's mental impressions, legal theories, and opinions.
What is Absolute (or "Opinion") Immunity / Qualified Immunity for mental impressions?
Parties must meet and confer to discuss a discovery plan at least this many days before a scheduling conference is held or a scheduling order is due.
What is 21 days?
After the attorney's meet and confer, parties must submit their joint report within this many days, while the scheduling order itself is due within these two alternative deadlines depending on where the defendant is in the litigation process.
What is 14 days after the meet and confer, and either 90 days after any defendant has been served with the complaint or 60 days after any defendant has appeared?
A plaintiff who voluntarily dismisses the same claim twice faces this consequence, which operates as a final adjudication on the merits.
What is the Two-Dismissal Rule, dismissal WITH prejudice (barring the plaintiff from bringing the same claim a third time in the same court)?
In federal court, a party demanding a jury trial must file a written demand and serve it on all parties no later than this many days.
What is 14 days after service of the last pleading directed to the issue?
Under Privilege, Opposing counsel must demonstrate this two-part showing to gain access to an opposing party's work product.
What is "substantial need" and "inability to obtain the substantial equivalent by other means"?
The six ways a party may obtain discovery. **BONUS POINTS: Tell me which party it can be asked to and how many days a party has to respond to each (if applicable).
1) Required (Initial) Disclosures, parties
2) RFP, parties and non-parties w/ subpoena
3) RFA, parties
4) Roggs, parties
5) Depositions, parties and non-parties w/ subpoena
6) Physical and Mental Examinations, parties
30 days to respond
Unlike arbitration, this form of ADR relies on informed consent and self-determination throughout the entire process, where the impartial third party guides the parties in dialogue but holds no authority to impose an outcome.
What is mediation?
These are the three exceptions where an involuntary dismissal is without prejudice, even though dismissals.
What is (1) lack of jurisdiction, (2) improper venue, and (3) failure to join an indispensable party under Rule 19?
This two-part test is used to determine whether a party has the right to a jury trial. Name the test and the two parts.
Seventh Amendment or Historical test? 1) examine whether the claim is analogous to one tried at common law and 2) whether the remedy sought was available at law or equity?
The way the courts limit how much privilege corporations have.
What is:
A motion to compel discovery responses may be filed in these four specific situations.
What is when a deponent fails to answer a question in depositions, a corporation or entity fails to make a designation for a 30(b) depo, fails to answer an interrogatory request, or fails to produce documents or respond to inspection request?
A court may issue any just sanctions if a party or attorney does any of these three things at a pretrial conference.
What is failing to appear, being substantially unprepared to participate or not participating in good faith, or failing to obey a scheduling or pretrial order?
When ruling on a Motion for Summary Judgment, a court must view all evidence in this manner, and may not do these two things when evaluating the nonmoving party's case.
What is viewing evidence in the light most favorable to the nonmoving party, and the court may not weigh evidence or assess credibility?
This motion allows a judge to overturn a jury's verdict after it has already been rendered.
What is Renewed Motion for JMOL?
The key distinction that makes a non-testifying expert's work product undiscoverable, requiring a party seeking access to make a special showing.
What is a retained expert versus a consulting expert?
A party seeking a protective order relating to a deposition must file the motion in this specific court, and the motion must include this certification before the court will consider it.
What is the court for the district where the deposition will be taken, and a certification of a good faith conferral or attempt to confer?
The purpose of the final pretrial order is to formulate a trial plan that achieves this goal, and if a witness is not included in the final pretrial order, this is the consequence.
What is allowing an efficient trial of the merits "without chance or surprise," and the witness will not be allowed to testify?
When a party seeks summary judgment, the movant bears this initial burden, after which it shifts to the nonmovant — and a party's declaration supporting their own case cannot be rejected on these grounds alone.
What is showing the absence of a genuine dispute of material fact, and because it is self-serving?
When a complaint contains both legal and equitable claims, courts must follow this specific procedural sequence at trial, and a party bringing only a traditional legal claim has this right, while a party suing solely for equitable relief does not.
What is trying the legal issues first (before equitable ones), and the right to a jury trial?