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Rules of Discovery

Rules of Discovery. State Federal. Scope of Discovery. Relevance Subject matter of the action Evaluate, prepare, facilitate settlement Limitations Discretion of the court if duplicative, obtainable from less expensive source, burden outweighs value Attorney Work Product.

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Rules of Discovery

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  1. Rules of Discovery • State • Federal © Sara M. Taylor 2002

  2. Scope of Discovery • Relevance • Subject matter of the action • Evaluate, prepare, facilitate settlement • Limitations • Discretion of the court if duplicative, obtainable from less expensive source, burden outweighs value • Attorney Work Product © Sara M. Taylor 2002

  3. Attorney Work Product • Mental impressions • Legal Theories • Conclusions • Opinions • Purpose of Preparation • Litigation Anticipated • Ordinary Course © Sara M. Taylor 2002

  4. Not Work Product • Witness’s statement • Witness identity • Existence of Insurance Policy © Sara M. Taylor 2002

  5. CCP 2031 • Respond separately to each item • Comply • Lack Ability to Comply • Objection • Failure to respond timely will waive any objection, claim of privilege or work product © Sara M. Taylor 2002

  6. CCP 2031 - Comply • Kept in usual course of business • Organized and labeled to correspond with the demand © Sara M. Taylor 2002

  7. CCP 2031 – Inability to Comply • Diligent search and reasonable inquiry • Never Existed • Destroyed • Lost or misplaced • Stolen • No longer in possession • Names/Addresses of those in possession © Sara M. Taylor 2002

  8. CCP 2031 • Object • Identify with particularity any document • Extent and ground for objection • Privilege • Work product © Sara M. Taylor 2002

  9. CCP 2024 – Discovery Cutoff • Responses due 30th day prior to initial trial date • Discovery motions 15th day prior to initial trial date © Sara M. Taylor 2002

  10. Initial Disclosure – Rule 26 • Rule 26(a)(1) • Individuals with discoverable information • Documents and Tangible Things • Computation of Damages • Applicable Insurance • Exempt Proceedings © Sara M. Taylor 2002

  11. Initial Disclosure – Rule 26(a) • Rule 26(a)(2) • Expert Testimony • Rule 26(a)(3) • Pretrial Disclosure (30 days) © Sara M. Taylor 2002

  12. Rule 34 – Request for Production • All relevant materials • Evaluating case • Preparing for Trial • Facilitating Settlement • Usual Course of Business or Label to Correspond with Categories of Requests © Sara M. Taylor 2002

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