Civ Pro II Cross JTK

Civ Pro II Cross JTK - D I The Scope of Discovery(Cannot...

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D I The Scope of Discovery (Cannot use discovery to fish for new subject matter stuff) (Informal Discovery: Not governed by rules, just kind of independently looking around) (Most of Discovery is done without the courts help) Rule 26(a) – General Provisions Governing Discovery 1. Required Disclosures – Methods to discover: (1) Initial Disclosure i. A party must provide (without waiting for a discovery request): (A) People (name, address, phone (if available), and subject matter of the information) likely to have discoverable information that the disclosing party may use to support its claims/defenses (this does not include people with information that will be used only to impeach other testimony) (B) Relevant Documents, data, and ‘tangible things’ that are in the possession, custody, or control of the party, and that the disclosing party may use to support its claims/defenses (this does not include people with information that will be used only to impeach other testimony) (C) Materials from which computation of damages arose, unless privileged or protected. (D) Insurance Agreements which may indemnify or pay part of judgment (E) Exemptions from initial disclosure, (these disclosures are made within 14 days): (i) Action for review on an administrative record (ii) Petition for habeas corpus (or other proceeding to challenge a conviction or sentence) (iii) Action brought by a person in the custody of the US or a state without counsel (iv) Action to enforce or quash and administrative summons or subpoena (v) Action by the US to recover benefit payments (vi) Action by the US to collect on a student loan guaranteed by the US (vii) Ancillary proceedings (ancillary to proceedings in other courts) (viii) Action to enforce an arbitration award. ii. Exceptions : The initial disclosure rules do not apply: 1. In cases specified in Rule 26(a)(1)(E) (added December 1, 2000) 2. If the parties stipulate otherwise 3. If the court orders otherwise iii. Timing: 1. Disclosures shall be made within 14 days after the meeting of the parties (pursuant to rule 26(f) 2. A different time may be set by stipulation or court order
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3. If a party objects to initial Disclosure (generally) during the Rule 26(f) conference and in the Rule 26(f) Plan, the court sets the time for disclosures after deciding on the objection. 4. If a party is served or joined after the Rule 26(f) conference, Initial Disclosures must be made within 30 days after being served or joined (unless otherwise stipulated or ordered.) iv. All ‘reasonably available’ information must be submitted. It is not a valid excuse that: (A) Investigations are not fully complete, OR (B) Opponents’ discovery is insufficient, OR (C) Opponents failed to submit discovery. (2)
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This note was uploaded on 04/18/2011 for the course LAW 101 taught by Professor Many during the Spring '11 term at University of Louisville.

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Civ Pro II Cross JTK - D I The Scope of Discovery(Cannot...

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