298707
Description
Flashcards by Duane Carver, updated more than 1 year ago
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Created by Duane Carver
over 10 years ago
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| Question | Answer |
| Reasons For Discovery | (FPFSDAH) 1) Get facts 2) Simplify Pleadings 3) Frame relevant issues 4) Encourage Settlement 5) To Decrease costs to parties 6) To aid parties on particular claims (e.g hard stuff to get like antitrust) 7) To harass party or to get information for nonlegal reasons (not good e.g trade secrets) |
| Initial Disclosure Meeting | Rule 26(f) - Initial Disclosure Meeting 1. Discussing nature and basis of claims and defense. 2. Contemplate possibility of settlement 3. make arrangements for initial disclosures 4. Design plan for discovery |
| When does formal discovery take place? Is there an exception? | Rule 26(d) Discovery can't take place until meeting in 26(f) unless by rule 30(a)(2)(iii) you give notice to the opponent to a depose a witness that's expected to leave the U.S and be unavailable for deposition in other country |
| What must be disclosed with attorney signature at or within 14 days of the 26(f) meeting? | Rule 26(a)(1), g(1) 1) Identity of people likely to have discoverable information to support claims. 2) Copies or descriptions of documents in control of party that may be used to support claims or defenses 3) computation of damages if being claimed and information on which calculation is based. 4) any insurance agreement that might cover the claims. |
| What rule covers initial disclosures? | Rule 26 |
| What happens if party learns of additional or corrective information? | Rule 26(e)(1) Party must provide additional information |
| Which rule applies sanctions to rule violators? | Rule 26(g)(3), 37(c)(1) Remember: Rule 11 doesn't apply to discovery. |
| Physical/Mental Examinations | Rule 35 |
| Request For Admission | Rule 36 |
| Work Product Doctorine | 26(b)(3) |
| Attorney-client privilege | No direct rule, but most invoke under 26(b)(5) |
| Depositions | 30-32 |
| Interrogatories | Rule 33 |
| Document Production | Rule 34 |
| Physical and Mental Examinations | Rule 35 |
| Request For Admissions | 36 |
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