If Court Orders Discoverable, then must protect against disclosing mental impressions, conclusions, opinions, or legal theories of party’s attorney or other representative concerning the litigation. Rule 26(c) What circumstances can court issue protective order to Annoyance, Protective Orders limit or forbid certain forms of discovery: embarrassment, oppression, or undue burden or expense. when they have in good faith attempted to confer with other affected parties in an effort to resolve the dispute without court action. Rule 26(g) What requires Attorneys to be Honest and Reasonable in Signing Disclosures & their discovery: Signature required on every disclosure of Discovery Requests, attorney or unrepresented party and MUST state the address, Responses, & email, telephone number. By signing, shows that it was Objections written to the best of persons knowledge, information, and belief formed after reasonable inquiry: Disclosure compete and correct. Discovery request, response, or objection: Consistent with or extended to nonfriv. arg. to change the rules. No Improper Purpose Niether unreasonably expensive or burdensome. Failure to Sign: party has NO DUTY TO ACT if unsigned disclosure, request, response, or objection until it is signed and court MUST strike unless signature is promptly supplied after called to attention. Sanction: Court MUST (by motion or on its own) issue sanction if certification doesn’t have signature without substantial justification. Rule 26(a) Information that Must be Volunteered: Initial Required Name, address, telephone # of each indv. with discoverable information that that trial may use to Disclosures support its claims or defenses. All documents containing information that disclosing party has that used for claims or defenses. Computation of damages Insurance, etc. Certain information about expert witnesses must be revealed under Rule a(2).
If Court Orders Discoverable, then must protect against disclosing mental impressions, conclusions, opinions, or legal theories of party’s attorney or other representative concerning the litigation. Rule 26(c) Protective Orders What circumstances can court issue protective order to limit or forbid certain forms of discovery: Annoyance, embarrassment, oppression, or undue burden or expense. when they have in good faith attempted to confer with other affected parties in an effort to resolve the dispute without court action. Rule 26(g) Signing Disclosures & Discovery Requests, Responses, & Objections What requires Attorneys to be Honest and Reasonable in their discovery: Signature required on every disclosure of attorney or unrepresented party and MUST state the address, email, telephone number. By signing, shows that it was written to the best of persons knowledge, information, and belief formed after reasonable inquiry: Disclosure compete and correct. Discovery request, response, or objection: Consistent with or extended to nonfriv. arg. to change the rules. No Improper Purpose Niether unreasonably expensive or burdensome. Failure to Sign: party has NO DUTY TO ACT if unsigned disclosure, request, response, or objection until it is signed and court MUST strike unless signature is promptly supplied after called to attention. Sanction: Court MUST (by motion or on its own) issue sanction if certification doesn’t have signature without substantial justification. Rule 26(a) Initial Required Disclosures Information that Must be Volunteered: Name, address, telephone # of each indv. with discoverable information that that may use to support its claims or defenses. All documents containing information that disclosing party has that used for claims or defenses. Computation of damages Insurance, etc. Certain information about expert witnesses must be revealed under Rule a(2). trial
Civil-Procedure-Caplan-2014-1.docx