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CIVIL PROCEDURE FALL 2005 SECTIONS C & F

CIVIL PROCEDURE FALL 2005 SECTIONS C & F. CLASS 22 DISCOVERY III. WRAP UP: AUTOMATIC DISCLOSURES. Differ from other discovery techniques in that must be provided automatically without any request from opposing party 3 types: outset of case, pretrial, experts. INTERROGATORIES.

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CIVIL PROCEDURE FALL 2005 SECTIONS C & F

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  1. CIVIL PROCEDURE FALL 2005SECTIONS C & F CLASS 22 DISCOVERY III

  2. WRAP UP: AUTOMATIC DISCLOSURES • Differ from other discovery techniques in that must be provided automatically without any request from opposing party • 3 types: outset of case, pretrial, experts

  3. INTERROGATORIES • See CB 931 for Ultimate Auto answers to P’s interrogatories • Which FRCP governs interrogatories? • How many interrogatories may be served on another party?

  4. WHAT MUST BE DISCLOSED AS TRIAL APPROACHES? • ID of experts (FRCP 26(a)(2)(A)) and Experts reports (FRCP 26(a)(2)(B)) • ID of trial witnesses that party will use or may use (except solely for impeachment) and designations of deposition testimony (FRCP 26(a)(3)(A) & (B)) and documents/exhibits that will/may be evidence at trial (exhibits) (FRCP 26(a)(3)(C)) • When must these expert disclosures be made? • When must these pretrial disclosures be made?

  5. TIMING OF THESE DISCLOSURES UNDER 26(2) and 26(3) • Timing for disclosures re: experts - 90 days before trial in absence of stipulation/court order – or if solely to rebut other party’s evidence, 30 days after other party’s disclosure. • Timing for pretrial disclosures - 30 days before trial in absence of court order. Objections w/in 14 days thereafter. Objections not made other than relevance/prejudice are waived.

  6. FORM OF DISCLOSURES • Unless court orders otherwise, under FRCP 26(g) & 26(a)(4), initial disclosures -under FRCP 26(a)(1) - (3) MUST BE: • In writing • Signed by attorney/unrepresented party NB SANCTIONS RISK HERE – see 26(g)(3) • Served on other parties – 26(a)(4) • Only the pretrial disclosures must be filed with court – 26(a)(3)

  7. FAILURE TO MAKE AUTOMATIC DISCLOSURES • What happens if a party fails to make the required automatic disclosures under 26(a)?

  8. DISCOVERY TECHNIQUES: THE BIG PICTURE • Advantages/Disadvantages • Party/nonparty? • How do you obtain using one of these techniques? • All discovery obtained through any of these techniques is subject to 26(b) rule on discovery SCOPE

  9. SIGNATURE REQUIREMENTS • Who must sign interrogatory answers? • Who must sign interrogatory objections?

  10. INTERROGATORIES AND NON-PARTIES • Can an interrogatory be served on a non-party? • Can an interrogatory be served on a corporation?

  11. RESPONDING TO INTERROGATORIES • How should a party respond to an interrogatory? See 33(b)(1) and 33(d) • What are the time limits for responding to interrogatories?

  12. ADVANTAGES/DISADVANTAGES OF INTERROGATORIES • What are the advantages of interrogatories? • What are the disadvantage of interrogatories?

  13. DEPOSITIONS : FRCP 27-32 • What is a deposition? (See CB 934 for Dee’s) • What are the advantages and disadvantages of depositions? • Possible to take deposition before action is commenced if danger that testimony may be lost (FRCP 27)

  14. Officer at Deposition • What is the role of the “officer” at a deposition? See FRCP 28, 30(a)(4) • Can a party object to an officer? On what basis? See 32(d)(2), 28(c)

  15. TAKING DEPOSITIONS: FRCP 30 • Can parties be deposed? • Can non-parties be deposed? (30(a)(1)) • Can a corporation be deposed? (See 30(b)(6)) • When is leave of the court required to take a deposition (See 30(a)(2))?

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