Show:
Discovery in General, The Rules and other items
The Rocky Rogs-Interrogatories
What you Say?-Depositions
RFA, Demands, IME, MEs, and Expert Witness Discovery
Really-Anything Goes
100
Popular Phase: PREPARE as if you're going to trial by having your ducks in a row, keeping it tight and keeping it right, getting all your stuff together, fighting the battle-but with WHAT in MIND?
SETTLEMENT
100
In a limited jurisdiction case: a)A party may propound an unlimited amount of Form Rogs, and up to 35 Special Rogs. b)A party may propound 35 Form Rogs, and in addition, up to 35 Special Rogs. c)A party may only propound up to 35 Form Rogs; they may not propound Special Rogs at all. d)A party may propound up to 35 Rogs
d)A party may propound up to 35 Rogs
100
It is good practice [and more considerate] to give at least ______days if the Notice of Deposition requires the Deponent to bring documents.
30
100
In today's age, most personal and business information is in digital rather than paper form, and is usually discoverable as a "document" per the CCP. As such, under the Electronic Discovery Act, ESI is information that has been stored in an electronic medium. What does ESI stand for?
Electronically Stored Information
100
If a propounding party receives what they believe are inadequate answers or improper objections, they may bring what type of motion? Daily Double: Must counsel Meet and Confer?
MOTION TO COMPEL FURTHER RESPONSES Daily Double: Yes, they must Meet and Confer
200
Dispositive Motions such as Motions for Summary Judgment and Summary Adjudication, when granted, Broaden or Narrow the issues?
NARROW THE ISSUES
200
State all facts upon which you base your affirmative defense that Plaintiff, Robin Thicke, contributed to his own injuries. This is what type of Interrogatory: Fact, Document or Contention? Daily Double: In limited or unlimited cases, you may use an unlimited amount of Document Interrogatories-True or False?
CONTENTION Daily Double: FALSE
200
A party Deponent who fails to appear at a Deposition may be subject to sanctions; a non-party who fails to appear may be subject to: a)Contempt of Court b)Monetary Fines c)Sanctions, d)a & b, but not typically c d) Contempt of Court and Monetary Fines...not typically sanctions.
d) Contempt of Court and Monetary Fines...not typically sanctions.
200
1)Depositions are _____________questions and may be directed to whom? 2)________________ 3) The person who is answering the questions is called the what?
1) ORAL questions 2)Party or Non-Party 3)Deponent
200
The paralegal working for the attorney representing a witness may assist after the deposition by reviewing this documents for errors?
Deposition Transcript
300
Any matter not privileged, that is relevant to the subject matter of the action or motion made in the action, that is admissible or is reasonably calculated to the discovery of admissible evidence; best describes the: a)Privileges established by California Law b)Scope of Discovery c)Absolute Privileges for the Attorney-Client Privilege of Discovery
b)SCOPE OF DISCOVERY
300
What must be attached [specific document name] to a set of Special Interrogatories which causes the limit of 35 to be exceeded, and to each subsequent set.
A Declaration for Additional Discovery
300
In a state action, personal records of a consumer being sought; like bank records, grades, etc., require the consumer be served a "Notice to Consumer" at least _____days prior to the WITNESS [say the bank or school] is served the Deposition Subpoena, and at least _____days prior to the production date as stated in the subpoena.
5 and 10
300
An Inspection Demand is a written request, which may only be served on a party. As such, the only way to Demand a non-party to produce documents and other tangible evidence through discovery is thru a:
DEPOSITION- Deposition Subpoena for Appearance and Production of Documents or Deposition Subpoena for Production of Business Records.
300
When an expert is retained to testify for trial, many discovery rules come into play. As such, communications between the expert and the attorney ARE protected or NOT protected by the attorney-client privilege? Daily Double:Experts must be issued a Subpoena for a Deposition, or Experts do not have to be issued a Subpoena and are only "Noticed" for a Deposition?
NOT protected! NOTICE only-They must be made available for Depositions, and their fee is paid by the deposing attorney.
400
List the SIX Discovery Tools utilized in a case:
1) Interrogatories 2)Depositions 3)Inspection Demands 4)Request for Admission 5)Physical and/or Mental Exams 6)Expert Discovery
400
What are the 3 specific Types of Interrogatories; each seeks a particular kind of information: 1) Contention 2)Fact 3)Document
1) Contention 2) Fact 3) Document
400
Assuming a party is represented by an attorney; who are the 3 people, at the least, that are usually in attendance at the Deposition?
The Deposing Attorney The Witness The Court Reporter
400
If a respondent refuses to make evidence for inspection available to a demanding party for the purposes demanded, or even respond to the demand, the demanding party would then file what?
A MOTION to Compel [Answers].
400
What are the four main elements for a Negligence Action?
Duty Breach Causation Damages
500
Discovery Responses may be used at trial, but are only admissible against the responding party. And, the Discovery Responses are not filed with the court; they are only served on the parties to the lawsuit. True or False
TRUE
500
Rules on Timing of Interrogatories: The Plaintiff must wait until ______days after the defendant is served with the complaint or _______days after the defendant appears in the action [whichever occurs first] before propounding discovery on the other side.
10 and 10
500
You want to Depose a non-party witness and have them bring documents to the Deposition: What are the specific Documents Required? Daily Double: What CCP Covers Depositions
Notice of Taking A Deposition Deposition Subpoena for Personal Appearance and Production of Documents Daily Double: 2025.010
500
The "mere" threat of using this Discovery tool might encourage settlement if the Plaintiff has questionable injuries. What is this method/tool called?
IME-Independent Medical Exam
500
These are the SANCTINS imposed for Discovery Abuses, number them and list them from low to high: [1 is low and 5 is high] Terminating, Issue, Evidence, Monetary, and Contempt
1. Monetary 2. Issue 3. Evidence 4. Terminating 5. Contempt