Discovery

Question 1

What is Discovery?

Answer 1

It is a detailed pretrial procedure that both parties engage in to learn facts of the case, as well as witnesses that will be called, from the other paty.

Question 2

What does Discovery do?

Answer 2

prevents surprise, allows for thorough prep for trial, saves court time, and promotes settlement.

Question 3

What are the major forms of discovery?

Answer 3

1. Deposition
2. Request for Disclosures
3. Interrogatories
4. Request for Production
5. Request for Admissions
6. Physical and Mental Exams

Question 4

Depositions are_____________________________________________.

Answer 4

oral testimony given, under oath, by a party or witness prior to trial. The person testifying is called the deponent.

Question 5

The deponent in a deposition is _________________.

Answer 5

the person testifying.

Question 6

The person testifying in a deposition is called the ___________.

Answer 6

deponent

Question 7

The deposition of a witness can be given voluntarily or _____________________________.

Answer 7

pursuant to a subpoena (court order).

Question 8

The deponent can be required to bring _______________ to the deposition.

Answer 8

documents

Question 9

Depositions are used to __________________(especially if the deponent is ill) and to ___________________________________.

Answer 9

preserve evidence

impeach witnesses at trial

Question 10

DURING THE DEPO

Answer 10

• Most of the time, depos are taken at one of the attorney’s offices
• testimony is recorded in written form by a court reporter
• depos can be videotaped
• the deponent has a chance to correct answer prior to the signing

Question 11

REQUESTS FOR DISCLOSURE

Answer 11

• Twelve standardized questions
• In the Rules
• Ask them all
• Not objectionable

Question 12

INTERROGATORIES

Answer 12

• Interrogatories are written questions submitted by one party to another party
• They must be answered within a specific number of days
• An attorney (and/or paralegal)usually helps with the prep of the answers
• The answers are signed under oath

Question 13

LIMITS ON ROGS

Answer 13

Each side is allowed to propound one set on interrogatories, requesting a maximum of 25 answers
propound-write interrogatories
-The rule refers to answers and not questions in order to prevent the other side from issuing 25 questions with multiple subparts, which might require far more than 25 answers

Question 14

REQUESTS FOR PRODUCTION

Answer 14

• Parties may request that the other party produce all relevant documents
• If the documents sought are too voluminous to be moved or are in permanent storage, or if moving the docs would disrupt the ongoing business of a party who is producing them, the requesting party may have to examine them at the other party’s premises

Question 15

REQUESTS FOR ADMISSIONS

Answer 15

• These are statements that the other side is then asked to admit or deny.
• These are statements - not questions.
• The penalty for not answering RFAs is that the statements are “deemed admitted”
• Try to “undo” deemed admissions - you must file a Motion to Strike Deemed Admissions

Question 16

Statements that the other side is then asked to admit or deny.

Answer 16

Requests for Admissions

Question 17

Motion to Strike Deemed Admissions

Answer 17

try to undo deemed admissions

Question 18

Penalty for not answering RFA’s

Answer 18

statements are “deemed admitted”

Question 19

RFA

Answer 19

Request for Admissions

Question 20

PHYSICAL AND MENTAL EXAM

Answer 20

In cases that concern the physical or mental condition of a party, a court can order the party to submit to certain physical or mental exams to determine the extent of the alleged injuries.

Question 21

RULES

Answer 21

-ALWAYS check the Rules and Commentaries when doing discovery -whether you are propounding or answering

Question 22

Always check _____________- when doing discovery - whether you are propounding or answering.

Answer 22

Rules and the Commentaries

Question 23

RULE 11 AGREEMENTS

Answer 23

• Agreements between opposing counsels
• Often deal with discovery extensions
• History
• If you work in a firm that does litigation, you will do a lot of these

Question 24

BATES

Answer 24

• Stamping, Labeling, Numbering
• Copier Feature
• Adobe Feature