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