Rule 26
Rule 26 (A)(1): List of 4, 2 points
Required Disclosures:
(1) names and addresses
(2) copy if all documents
(3) computation of damages
(4) any insurance policies involved
- Deadline for initial disclosure (14 days) of discovery conference
- 30 days for 3rd parties
Rule 37 (A)(5)(B):Rule/ definition
if motion compelling discovery is denied, the court may issue protective order and require the movant who filed the motion to pay reasonable expenses including attorney fees if motion was not justified
Whos faster Rizzardi or Singer?
Singer
Rule 26 F: Name and 3 points
Pretrial Conference:
(1) make discovery plan
(2) Issues
(3) conferral must happen 21 days before pretrial conference
Who sings 1979?
Rule 26 (c)(1): Name and definition
Rule 37 (5)(A): rule/ definition
if motion compelling discovery is granted, fees may be awarded if there was no good faith conferral
Pretrial conference!!
Rule 26 (E): Name of Rule and two points
On going duty to disclose
-Supplemental disclosure must be done in a timely manner
-Expert Witness: Disclosure in report/ information in deposition
Rule 45: 6 points
(1) subpoena provides discovery from a non party
(2) can only compel testimony and inspection of documents and things
(3) cannot require witness to travel more than 100 miles
(4) reasonable time
(5) can be quashed
(6) no undue burden
Rule 26 (A)(2)(C): 3 points
If they are not required to write a report-
(1) subject matter of evidence
(2) summary of facts and opinions
that the witness is expected to present
(3) 90 days before trial
Rule 37 (C)(1): 3 points
Failure to disclose or supplement, the court can order:
(1) payment of reasonable expenses
(2) may inform jury
(3) may impose other sanctions
- limits number of interrogatories to 25
- timeline is 30 days to respond
- you can answer/ object must have specificity
-must be signed
Rule 26 (B)(1) Part 2!!: 7
Considers:
-the importance of the issue
-AIC
-parties access
-parties resources
-importance of discovery in solving issue
-burden v. benefit
-Don't need to be admissible
The court may impose an appropriate sanction (reasonable expenses) (attorneys fees) on a person who impedes, delays, or frustrates the fair examination of deponent
Privileged Information:
-cannot be things that are anticipation of litigation
-can be things that are otherwise discoverable
-if it has substantial need and cannot be found without undue hardship or obtain any substantial equivalent
Rule 37 (E):2 points
If ESI is lost
(1) court may order measures to cure the prejudice
(2) only if party acted w intent to deprive anoehv part, the court may
(a) presume unfavorable
(b) instruct jury
(c) dismiss or enter default
Rule 59:What is it?
Ground for a new trial
no later than 28 days after judgement
Rule 26 (A)(2)(B): 6 points
Expert witnesses must provide a written report:
(1) a complete statement if all opinions
(2) facts or data
(3) any exhibits that will be used
(4) the witnesses qualifications
(5) a list of all other cases (4 years) the witness has testified in
(6) a statement of compensation
Rule 34:What is it?
producing documents, ESI, and tangible things, or entering land for inspection and other purposes without a court order
Rule 26 (C)(1): 4 Points
Court can protect person from annoyance, embarrassment, oppression, or undue burden by:
(A) forbidding the disclosure
(B) Specifying terms of disclosure
(C) pressuring a different discovery method
(D) forbidding the injury into certain matters or limiting scope of discovery
If party fails to comply with discovery the court may sanction:
(1) deeming facts as established
(2) striking pleadings in whole or part
(3) staying the case till obeyed
(4) dismissing the action
(5) rendering default judgment
(6) treating failure as contempt of court
(7) attorneys fees
Rule 60: 6 points
Grounds for relief from a final judgement:
(1) mistake
(2) newly discovered evidence
(3) fraud
(4) judgement is void
(5) judgement has been satisfied
(6) any other reason that justifies relief
Rule 26 (B)(1): 3 main points
Scope of Discovery: parties may obtain discovery regarding any non-privileged matter that is relevant to any parties claim or defense and proportional to the needs of the case
Rule 35: What is it?
-Authorizes a party to obtain an examination of an individual (in controversy) whose mental physical condition is at issue
- party can pick licensed or certified examiner
- unless parties agree, court order is necessary