Federal Jurisdiction & Procedure.docx

V discovery sanctions are governed by a different

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v. Discovery sanctions are governed by a different rule – not R11. Pre-Trial Procedures: Discovery Rules ** 1. Required disclosure of identities of witnesses and documents without discovery request – Rule 26 a. Rule 26 – can discover any nonprivileged matter that is relevant to any party’s claims or defenses; need not be admissible at trial if the discovery appears reasonably calculated to lead to discovery of admissible evidence.
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i. Rule 26(a)(1) – requires disclosure of witness IDs and documents that “disclosing party may use to support its claims or defenses” if don’t intent to use them or only to impeach, no mandatory disclosure requirement. 1. Use : pretrial conference, to support a motion, or at trial. 2. Timing : initial disclosures must be made within 14 days of discovery conference (Rule 26(a)(1)). a) Pretrial disclosures must be made within 30 days before trial (Rule 25(a)(3)). ii. Supplementation of disclosure mandated by rules – R26(e)(1): creates continuing duty of disclosure (amend any disclosure that later appears incorrect or incomplete). iii. Penalty for failure to disclose “initial disclosures” automatic exclusion of document/witness, except for impeachment, unless party can show that non-disclosure was either substantially justified or harmless . iv. Parties may stipulate away the duty of mandatory disclosure. 1. If no stipulation – each party has right to object to making disclosure (at discovery conference). b. Rule 26 categories of “initial disclosures” concerning “use” of evidence by disclosing party : i. Information about people – (name, address, phone number) who are likely to have discoverable material, and subjects of the information disclosing party may use to support its claims/defenses, unless only to impeach. ii. Copy or description of documents, ESI, and tangible things – that disclosing party has in its possession, custody, or control, and may use to support claims/defenses, unless only for impeachment. c. Rule 26 categories of “initial disclosures” where “use” is irrelevant : i. Insurance agreement – under which insurance business may be liable to satisfy all/part of a possible judgment in the action or to indemnify or reimburse payments made to satisfy the judgment. ii. Computation of each category of damages claimed by disclosing party, and documents or evidentiary material on which computations are based, including material bearing on nature and extent of injuries suffered. d. Disclosure of Expert Testimony * i. Expert party may use at trial – must disclose ID of witnesses expected to be used at trial to testify as experts. ii. Experts NOT expected to testify : ordinarily, a party may not discover facts known or opinions held by experts not expected to be called as a witness at trial by interrogatories or depositions. 1. Exception : can obtain such protected info. only upon a showing of exceptional circumstances under which it is impracticable for the party to obtain facts or opinions on the same subject by other means iii. Preparation of report for disclosure – 2 types of expert witnesses who may be used at trial are required to prepare written report for disclosure : 1.
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  • Spring '14
  • CatherineLacroix
  • Common Law, Supreme Court of the United States, federal court, SMJ

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