Discovery

Question 1

scope of discovery

Answer 1

• anything relevant to a claim or defense
• does not need to be admissible
• can be limited if unduly expensive or burdensome
• no privileged information

Question 2

work-product doctrine

Answer 2

protects materials prepared by a party in anticipation of litigation

Question 3

work-product doctrine: exception

Answer 3

• information is not reasonably available by other means
• substantial prejudice if not allowed access

however, NO mental impressions

Question 4

expert reports for experts not called as witnesses

Answer 4

only accessible in exceptional circumstances

Question 5

duty to preserve electronically stored information

Answer 5

• must take reasonable steps to preserve
• courts may presume that the lost information was unfavorable
• courts may dismiss or enter default judgment

Question 6

medical exams

Answer 6

can compel physical or mental exam of a party if at issue

Question 7

depositions: third parties

Answer 7

can depose a nonparty by serving a subpoena