Chapter 8: Overview of the Discovery Process
Privileges (8)
1. Attorney/Client - privilege belongs to client 2. work product - work atty prepares for trial/settlement 3. Dr./patient 4. Marital 5. Common Interest 6. 5th Ammend. - right to not incriminate yourself 7. Confidentiality 8. Protective Order - ask that info. not be disclosed to other side 9. Confessor-Penitent
Methods of Discovery (Expanded)
1. Depositions - Q & A (oral) session under oath subject to exam party or witness - has relevant knowledge as to lawsuit 2. Interrogatories - a) written questions to other side, b) 30 days to respond, c) parties only - unless and expert 3. Request to Production of Docs - a) produce docs, b) 30 days to respond, c) parties only 4. Request to View Property 5. Requests for Admissions - a) ask other side to accept/deny facts, b) 30 days to respond, c) parties only 6. IMEs
Expert Discovery (describe)
1. Must disclose name of expert report 2. Must be timely (60-90 days) - no last minute, ambush, Perry Mason
Motion to Compel Discovery Request
1. Response 2. Legit reason or not
Ethics - describe
1. SPOLIATION - Not destroy or alter discoverable evidence 2. Not falsify evidence 3. Not ask for unwarranted/burdensome request; not a fishing expedition
Methods to Discovery
1. depositions 2. interrogatories 3. request for production of documents 4. requests for admissions 5. IMEs 6. request to view property
Objectives of Discovery
1. determine facts - truth or falsity - basis of lawsuit 2. examine facts - try or settle or MSJ filing 3. preserve testimony or documents 4. allows impeachment of witnesses
Describe Discovery
1. facts 2. exchange of facts, information between parties 3. relevant fact gathering 4. directs shape of the case
Motion for Sanctions
1. order to do what the court said before 2. atty fees - mostly 3. preclusion of evident
What is the nature of discovery?
1. try it 2. settle it 3. court throw out - MSJ (Motion for Summary Judgment)
Pretrial Statement (describe)
1. witnesses - to be used in trial, at least 30 days prior to trial 2. docs - to be used in trial, at least 30 days prior to trial 3. objections on deposition testimony
What is discoverable is broader that what is...?
Admissable
