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Discovery by Mind Map: Discovery
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Discovery

Formal Discovery not allowed until 26(f) discovery planning conference

26(a)(1) Mandatory disclosures

Individuals with discoverable information

Who may be used to support claim/defense

Documents/tangible items

Which may be used to support claim/defense

Computation of damages

Insurance info that will be used to satisfy judgment

Tools

Party

Interogatories, 25 q's/party

Deposition, 10/side; 7 hours in 1 day each, Sworn testimony, 30(b)(6) Subpoena, Issues on an entity, not an individual, The entity must name one or more officers to testify on their behalf

Request for production, Rule 34

Physical or mental exam, Rule 35

Request for admissions, Stipulations, To specific facts, not legal conclusions, Rule 36, 30 days to respond; after that, they are deemed admitted

Non-party

Depositions, Subpoena from district where they will be deposed

Documents or tangible items, Subpoena duces ticum, From district where production will take place

Scope

Information relevent to claims or defenses

Exceptions

Privileged info

Attorney-client privilege, etc...

Absolutely protected from discovery

Protective orders

No discovery protective order

Limited use protective order

Work Product

Documents or tangible items in anticipation of litigation

1. Subjective belief that litigation was a real possibility; and was it objectively reasonable

2. Was the primary purpose to aid in litigation

3. By or for party or party's representative

Overcoming Work product exception, Substantial need and undue hardship, Previous statements, (i) a written statement that the person has signed or otherwise adopted or approved; or, (ii) a contemporaneous stenographic, mechanical, electrical, or other recording — or a transcription of it — that recites substantially verbatim the person's oral statement.

Experts

Actor

26(a)(1)

ID them under 26(a)(2), No report necessary

Retained

Testifying, ID them under 26(a)(2), Written report, Opinions, bases for the opinions, materials used, exhibits, Compensation, Qualifications, Publications in the last 4 years, Who they have testified for in the last 10 years, Depositions follow report

Non Testifying, No discovery less exceptional circumstances, It is impossible to recreate a psychological exam a year later

Sanctions

Motion to compel

After Meet and confer

37(b)

Violation of court order, Not immediately available, Exceptions, Failure to attend a properly noticed deposition, Failure to respond

26(g)

Signature, Certification

Typical sanction, Cash