Civ Pro II - Outline - Cross

Civ Pro II - Outline - Cross - 1 Civil Procedure II Spring...

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Civil Procedure II – Spring 2008 – Professor Cross – Chad Propst EXAM – think about privileges in discovery – especially doctor – patient privileges – what are the policy questions behind that? FRCP 35 Necessary Party Rule 12(b)(7) Week Two – Discovery – Scope and Relevancy FRCP 26 -- Duty to Disclose; General Provisions Governing Discovery (b) Discovery Scope and Limits. ( (1) Scope in General . Unless otherwise limited by court order, the scope of discovery is as follows: Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense -- including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons who know of any discoverable matter. For good cause , the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence. All discovery is subject to the limitations imposed by Rule 26 (b)(2)(C). I. Discovery – Introduction A. Discovery – the process by which a party gathers information from the other parties and nonparties to help her prepare for trial. B. Rationale – every party to a civil action is entitled to pretrial disclosure of all relevant information in the control of any person, unless the information is privileged. C. FRCP 26 – is the roadmap – the basic device applicable to all federal discovery devices. FRCP 26(a) Drafted in 1993. D. FRCP 26(a) – requires disclosure of certain information at three periods/stages during litigation , without the need for a discovery request from an opposing party – 1. First, following a discovery meeting under FRCP 26(f), the parties must make broad initial disclosures under FRCP 26(a)(1 ). a. FRCP 26(a) is self-executing – have to do it without being asked. b. FRCP (a)(C) -- A party must make the initial disclosure within 14 days after the parties discovery conference (FRCP 26(f)) c. FRCP 26(a) requires automatic, initial disclosure without the need for a request of four categories of information that are “reasonably available.” i. FRCP 26(a)(i) -- Names of witnesses “likely to have discoverable information that the disclosing party may use to support its claims or defenses” and the subjects of such information A. Name, addres s, and telephone number of each individual ii. FRCP 26(a)(ii) -- Copies (or at least categories and locations) of “documents, data compilations, and tangible things that are in the possession, custody, or control of the party. iii. FRCP 26(a)(iii)
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Civ Pro II - Outline - Cross - 1 Civil Procedure II Spring...

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