What is an initial disclosure and what rule does it fall under
Rule 26(a). No requests from other parties, this information must be given up automatically.
Includes: Names of witnesses, descriptions and locations of documents, calculations of damages, and copies of insurance agreements.
100
What is an interrogatory and who can you send them to?
An interrogatory is a written way of asking questions. Can only be sent to parties.
100
What are the circumstances in which a party can discover the opposing parties trial preparation material
Only discoverable if
a) it falls under the scope of 26(b)(1), AND
b)The party shows it has substantial need for the information and it cannot without undue hardship obtain their substantial equivalent by other means.
100
What is rule 37(a)
Motion to compel. When opposing party isn't cooperating with discovery a judge may need to order them to do so. Parties must attempt resolution amongst themselves before filing 37(a)
100
What are three examples of privileged information
Doctor-patient
Attorney-client
Self Incriminating
200
How does a lawyer request information from the opposing party
A Rule 34 Request specifying documents sought
200
What is the limit of the amount of questions allowed to be asked in an interrogatory
25
200
If a party is forced to disclose their trial preparation materials, what is required to be included
The only thing required to be included is the facts. Not required to share opinions, legal conclusions, legal theories, mental impressions
200
What is rule 37(b)
After a party has been ordered to disclose and they still fail to do so. Gives the judge some discretion on how to punish.
200
Which usually come first; interrogatories or depositions
Interrogatories generally come first
300
What falls under the scope of rule 34
documents, emails, photos, videos, tangible items, land, electronically stored information
300
What is the max amount of depositions a party can take before having to ask permission from the court
10
300
What case gave us insight on the discovery of trial preparation materials
Hickman v. Taylor
300
What does rule 37(c)(1) state
If a party fails to disclose a witness, they can not use that witness later
300
True or false: The purpose of privilege is to protect certain facts
False, the purpose of privilege is to protect certain sources
400
What does a lawyer do when they seek information from a non-party source
Subpeona is issued under Rule 45(a)(1)(a)(iii)
400
What is the time limit of depositions without courts permission
7 hours
400
What is rule 26(g)
signature to the court representing the attorney is following rules of discovery
400
What is rule 26(c)
Protective orders. Seeking an order to protect information you do not believe you are required to share.
400
Can privileges be waived?
Yes, in a case of malpractice, a patient can openly talk about information that would otherwise be privileged under doctor-patient
500
What is the limit of document requests a party may make?
There is no limit
500
Can you depose the same person twice
Only with permission from the court
500
What is rule 26(g)(3)
When the attorney has improperly certified via his signature. Sanctions are available.
500
What is the purpose of rule 26(b)(2)
Limits the amount of discovery. (depositions, interrogatories, etc). Gives judge discretion