Civil Discovery Outline

Civil Procedure
Discovery Outline
 
v     Scope, Timing and Sequence of Discovery
Ø      26
 
 
Rule 26: Things you MUST disclose without being asked
(a)(1)(A) In General – except as below in 26(a)(1)(B) or by the court – a party MUST, without awaiting discovery request, provide to other parties ALL OF THESE:
                                                                                    i.      Name, address, and telephone number of everyone that has discoverable info that the disclosing party might use in its claim or defense.
                                                                                  ii.      A copy – or description by category and location – of all tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses
                                                                                iii.      A computation of each category of damages claimed by the disclosing party – who must also make available for inspection and copying as under Rule 34 the documents or other evidentiary material, unless privileged or protected from disclosure, on which the computations are based, including info on the nature and extent of injuries suffered. AND
                                                                                iv.      Any insurance agreement under which insurance firm may be liable
(a)(1)(B) Proceedings (suits) where there is no initial disclosure
                       
                        (a)(1)(C) Time for Initial Disclosures
You have 14 days after the Rule 26(f) conference to make the initial disclosures unless the court says otherwise or unless a party objects during the conference that initial disclosures are not appropriate in this action.
 
(a)(1)(D) Time for Initial Disclosures – For parties served of joined later
if served or joined after Rule 26(f) conference have 30 days after being served or joined, unless court says otherwise.
 
                        (a)(1)(E) Basis for Initial Disclosure; Unacceptable Excuses
A party must make the initial disclosures based on the info then reasonably available to it. 
It is not excuse that:
§         you have not fully investigated the case
OR
§         that you challenge the sufficiency of another party’s disclosure
OR
§         that another party has not yet made its disclosures
(a)(3)(A) Pretrial Disclosures
            A party must provide to the other parties AND file the following info about the evidence that it may use at trial.
 
(a)(3)(B) Time for Pretrial Disclosures: Objections
            At least 30 days before trial.
            Within 14 days after they have been made, a party may serve and file a list of the following objections:
§         objection to the use under Rule 32(a) of a deposition designated by another party under Rule 26(a)(3)(A)(ii)
§         any objection that may be made to the admissibility of the materials identified under Rule 26(a)(3)(A)(iii)
If an objection is not made within the 14 days it is waived unless excused by the court of good cause.
            Exception: Federal Rule of Evidence 402, 402
 
                                    (a)(4) Form of Disclosures
                                                Must be in writing, signed, and served.
v     Relevance
Ø      26(b)(1)
Ø      Fed. Rules of Evidence 401 and advisory committee note (p. 174)
Ø      Kozolowski (p. 175) (Part 1)
 
Rule 26(b)(1) Discovery Scope and Limits
1.      Scope in General. Unless otherwise limited by court order, the scope of disc