Federal Jurisdiction & Procedure.docx

V bringing documents 1 party compelled to appear upon

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v. Bringing Documents 1. Party – compelled to appear upon receipt of notice; bring docs if add request for production of docs 2. Witness – must serve non-party with deposition subpoena (stating method for recording testimony) to compel attendance; bring docs or things if add subpoena duces tecum . a) Witness can seek protective order on issue of manner for recording. d. Written interrogatories – may be served on any party . i. Limit – 25 questions (including subparts) , unless leave of court. ii. Timing – cannot send until R26 discovery conference. iii. Answering – in writing under oath; or may offer business documents instead (provided burdens are substantially equivalent to just providing answers). iv. Use – to extent permitted by FRE, generally as “admissions” of party who made them. e. Request for production of documents (or things or permission to enter upon land/other property for inspection/other purposes) – may be made to party or witnesses ; must describe item with reasonable particularity . i. Party – must have possession, custody, or control of the docs/things/property. ii. Witnesses – subpoenas may be served on non -party witnesses to produce docs/things for inspection. f. Request for admissions – may be sought from any party . i. Limit – none ii. Use – conclusive in litigation, but generally for litigation only. iii. Timing – cannot start until R26 discovery conference. iv. Non-party – court where trial or hearing will be held will issue a subpoena for non-party witness. g. Physical or mental examination of any party – upon motion and notice and for good cause , if mental/physical condition is at issue, examination is relevant, and there is need for it. i. Qualified – physician, psychologist, or “suitably licensed or certified examiner.” 3. Work product evidence a. Protects mental impressions of parties/their agents and documents created in anticipation of litigation , but not facts or information obtainable through interrogatories or depositions. b. Showing inability to obtain equivalent evidence party may obtain discovery of documents/tangible things prepared in anticipation of litigation or for trial by/for another party, including items prepared by party’s atty/insurer/agent but only upon showing of substantial need and inability to obtain the equivalent by other means . i. Protective order – may be issued to guard against disclosure of mental impressions, conclusions, opinions, or legal theories of atty/another representative of a party concerning litigation. ii. Party withholding “work product” must notify other parties of the WP claim; failure may be waiver. 4. Sanctions for failure to comply with discovery rules a. Basic sanctions – (1) contempt order, (2) treating facts in dispute as admitted, (3) striking of pleadings, (4) denial of opportunity to prove particular matters (5) dismissal, (6) default, or (7) awarding reasonable expenses (including atty’s).
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  • Spring '14
  • CatherineLacroix
  • Common Law, Supreme Court of the United States, federal court, SMJ

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