Shortly before trial, other information must be revlead as disclosures” under Rule 26(a)(3). “pretrial The judge will also issue a pretrial order” under Rule “final 16(e) that may also require exchange of exhibits and evidence before trial. Expert Witnesses Rule 26(b)(4) Experts How a party may object to requests for information that is Rule 26(b)(5) Claiming Privileges believed to be protected against discovery as a result of evidentiary privileges or the work product rule. Rule 26(d) In absence of court order, parties free to schedule their own Timing & Sequence of discovery, subject only to a few limitations in rule 26(d)(1). Discovery Rule 26(e) Parties are obligated to supplement discovery responses Supplementing provided earlier in a lawsuit, if they later acquire information Disclosures & that would render their initial answers materially incomplete Responses or incorrect. Parties are required to meet each other prior to discovery to Rule 26(f) Planning for Discovery make a discovery plan. This plan is submitted to judge, who then uses it to create a schedule order under Rule 16(b). EARLY TERMINATION OF LITIGATION Ending an action without ruling on the merits. Ways to Forfeit an Action By Defendant: Rule 55-default judgment 55(a): Default occurs when a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend. 55(b): Default converted into default judgment. 55(c): of default may be set aside for good cause. Default judgment may be set aside for the reasons in Rule 60(b). Excusable neglect (e.g., defendant was never served). The judgment is void (i.e., court never had jurisdiction). PERALTA v. HEIGHTS MEDICAL CENTER: Medical center initially brought suit against for hospital debt π
Shortly before trial, other information must be revlead as “pretrial disclosures” under Rule 26(a)(3). The judge will also issue a “final pretrial order” under Rule 16(e) that may also require exchange of exhibits and evidence before trial. Rule 26(b)(4) Experts Expert Witnesses Rule 26(b)(5) Claiming Privileges How a party may object to requests for information that is believed to be protected against discovery as a result of evidentiary privileges or the work product rule. Rule 26(d) Timing & Sequence of Discovery In absence of court order, parties free to schedule their own discovery, subject only to a few limitations in rule 26(d)(1). Rule 26(e) Supplementing Disclosures & Responses Parties are obligated to supplement discovery responses provided earlier in a lawsuit, if they later acquire information that would render their initial answers materially incomplete or incorrect. Rule 26(f) Planning for Discovery Parties are required to meet each other prior to discovery to make a discovery plan. This plan is submitted to judge, who then uses it to create a schedule order under Rule 16(b). EARLY TERMINATION OF LITIGATION Ending an action without ruling on the merits. Ways to Forfeit an Action By Defendant: Rule 55-default judgment 55(a): Default occurs when a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend. 55(b): Default converted into default judgment. 55(c): of default may be set aside for good cause. Default judgment may be set aside for the reasons in Rule 60(b). Excusable neglect (e.g., defendant was never served). The judgment is void (i.e., court never had jurisdiction). PERALTA v. HEIGHTS MEDICAL CENTER: Medical center initially brought suit against π for hospital debt
Civil-Procedure-Caplan-2014-1.docx