Scope and Limits
includes communications between attorney and client, doctor and patient, priest and parishioner, and spouses.
What is privileged information?
A party must make the initial disclosures at or within_________ after the partys' Rule 26(f) conference?
What is 14 days? Rule 26(a)(1)(C).
The court where the action is pending may order a party whose mental or physical condition ...is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner.
What is Rule 35: Physical and Mental Examinations?
A motion for sanctions for failing to answer or respond must include a________that the movant has conferred or attempted to confer with the party failing to act.
What is a Certification? Rule 37(d)(1)(B).
In addition to the 6 factors of proportionality, the court in such a circumstance should also consider (1) the relative ability and incentive of each party to control discovery costs and (2) the relative benefits to the parties of actually obtaining the information.
What is Zubulake v. UBS Warburg, LLC?
To determine if a requested matter is_________ , the court should ask: “does the item sought tend to prove the matter sought to be proved?
What is relevant?
When scheduling a conference, the parties must confer as soon as practicable--and in any event at least _________ before a scheduling conference is to be held or a scheduling order is due under Rule 16(b).
What is 14 days? Rule 26(f)(1).
A party may serve on any other party no more than 25 written______?
What is rule 33: Interrogatories to parties?
Instead of or in addition to the listed sanctions found in Rule 37(b)(2)(A)(i)-(vi), the court must order this type of sanction.
What is paying reasonable expenses including attorney's fees?
Information is not privileged simply because it is confidential, personal, or embarrassing. (Two Cases).
What are Coca-Cola Bottling Co. v. Coca-Cola Co and Dalkon Shield?
the importance of the issues at stake, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of discovery in resolving the issues, and whether the burden or expense of the discovery outweighs its likely benefit.
What are the six factors of Proportionality?
A matter is admitted unless, within _________ after being served, the party to whom the request is directed serves on the requesting party a written answer or objection addressed to the matter and signed by the party or its attorney.
What is 30 days? Rule 36(a)(3)?
Motion for an order compelling disclosure or discovery.
What is Rule 37: Failure to Makes Disclosures or to Cooperate in Discovery; Sanctions.
Double Jeopardy!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
A party will not be excused for failing to act on the ground that discovery was objectionable unless it has filed this motion.
What is a motion for a protective order under Rule 26(c)?
An attorney’s mental impressions, conclusions, opinions or legal theories prepared in anticipation of litigation are barred from discovery, and all other work is only discoverable if the requesting party shows substantial need and refusal to allow would prejudice the requesting party.
What is Hickman v. Taylor?
A party need not provide discovery of_________ from sources that the party identifies as not reasonably accessible because of undue burden or cost?
What is Electronically stored Information? Rule 26(b)(2)(B).
Except in a proceeding exempted from initial disclosure under Rule 26(a)(1)(B) or when the court orders otherwise, the parties must confer as soon as practicable—and in any event at least ______before a scheduling conference is to be held or a scheduling order is due under Rule 16(b).
What is 21 days?
In General. A party may serve on any other party a request within the scope of Rule 26(b):
What is Rule 34: Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
(INSERT Video of Professor Gidi asking question here)
These are the three consequences for failure to disclose, to supplement an earlier response or to admit.
What is (A) order payment of the reasonable expenses, including attorney's fee's caused by the failure;(B) may inform the jury of the party's failure; and (C) may impose other appropriate sanctions, including any of the orders listed in Rule 37(b)(2)(A)(i)-(vi)?
Information is relevant if it involves the same type of or similar products/incidents as those involved in the suit.
What is United Oil Co v. Parts Associates, Inc?
material one party, or its representatives, has prepared in anticipation of litigation or trial.
What is Work Product? Rule 26(b)(3).
The responding party must serve its answers and any objections within ______ after being served with the interrogatories.
What is 30 days? Rule 33(b)(2).
Every_________ must: (i)state the court from which it issued; (ii)state the title of the action and its civil-action number; (iii) command each person to whom it is directed to do the following at a specified time and place.
What is Rule 45: Subpoena?
These are the 7 sanctions listed for not obeying a Discovery order.
What is (i) directing that the matters embraced in the order or other designated facts be taken as established for purposes of the action, as the prevailing party claims;
(ii) prohibiting the disobedient party from supporting or opposing designated claims or defenses, or from introducing designated matters in evidence;
(iii) striking pleadings in whole or in part;
(iv) staying further proceedings until the order is obeyed;
(v) dismissing the action or proceeding in whole or in part;
(vi) rendering a default judgment against the disobedient party; or
(vii) treating as contempt of court the failure to obey any order except an order to submit to a physical or mental examination. Rule 37 (b)(2)(A).
Parties have a duty common law duty to preserve evidence, and counsel thus has a duty to ensure compliance with the preservation obligation.
What is Zubulake V?