Civil procedure fall 2005 sections c f
Download
1 / 15

CIVIL PROCEDURE FALL 2005 SECTIONS C F - PowerPoint PPT Presentation


  • 208 Views
  • Updated On :

CIVIL PROCEDURE FALL 2005 SECTIONS C & F. CLASS 22 DISCOVERY III. WRAP UP: AUTOMATIC DISCLOSURES. Differ from other discovery techniques in that must be provided automatically without any request from opposing party 3 types: outset of case, pretrial, experts. INTERROGATORIES.

Related searches for CIVIL PROCEDURE FALL 2005 SECTIONS C F

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'CIVIL PROCEDURE FALL 2005 SECTIONS C F' - holland


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
Civil procedure fall 2005 sections c f l.jpg

CIVIL PROCEDURE FALL 2005SECTIONS C & F

CLASS 22

DISCOVERY III


Wrap up automatic disclosures l.jpg
WRAP UP: AUTOMATIC DISCLOSURES

  • Differ from other discovery techniques in that must be provided automatically without any request from opposing party

  • 3 types: outset of case, pretrial, experts


Interrogatories l.jpg
INTERROGATORIES

  • See CB 931 for Ultimate Auto answers to P’s interrogatories

  • Which FRCP governs interrogatories?

  • How many interrogatories may be served on another party?


What must be disclosed as trial approaches l.jpg
WHAT MUST BE DISCLOSED AS TRIAL APPROACHES?

  • ID of experts (FRCP 26(a)(2)(A)) and Experts reports (FRCP 26(a)(2)(B))

  • ID of trial witnesses that party will use or may use (except solely for impeachment) and designations of deposition testimony (FRCP 26(a)(3)(A) & (B)) and documents/exhibits that will/may be evidence at trial (exhibits) (FRCP 26(a)(3)(C))

  • When must these expert disclosures be made?

  • When must these pretrial disclosures be made?


Timing of these disclosures under 26 2 and 26 3 l.jpg
TIMING OF THESE DISCLOSURES UNDER 26(2) and 26(3)

  • Timing for disclosures re: experts - 90 days before trial in absence of stipulation/court order – or if solely to rebut other party’s evidence, 30 days after other party’s disclosure.

  • Timing for pretrial disclosures - 30 days before trial in absence of court order. Objections w/in 14 days thereafter. Objections not made other than relevance/prejudice are waived.


Form of disclosures l.jpg
FORM OF DISCLOSURES

  • Unless court orders otherwise, under FRCP 26(g) & 26(a)(4), initial disclosures -under FRCP 26(a)(1) - (3) MUST BE:

  • In writing

  • Signed by attorney/unrepresented party NB SANCTIONS RISK HERE – see 26(g)(3)

  • Served on other parties – 26(a)(4)

  • Only the pretrial disclosures must be filed with court – 26(a)(3)


Failure to make automatic disclosures l.jpg
FAILURE TO MAKE AUTOMATIC DISCLOSURES

  • What happens if a party fails to make the required automatic disclosures under 26(a)?


Discovery techniques the big picture l.jpg
DISCOVERY TECHNIQUES: THE BIG PICTURE

  • Advantages/Disadvantages

  • Party/nonparty?

  • How do you obtain using one of these techniques?

  • All discovery obtained through any of these techniques is subject to 26(b) rule on discovery SCOPE


Signature requirements l.jpg
SIGNATURE REQUIREMENTS

  • Who must sign interrogatory answers?

  • Who must sign interrogatory objections?


Interrogatories and non parties l.jpg
INTERROGATORIES AND NON-PARTIES

  • Can an interrogatory be served on a non-party?

  • Can an interrogatory be served on a corporation?


Responding to interrogatories l.jpg
RESPONDING TO INTERROGATORIES

  • How should a party respond to an interrogatory? See 33(b)(1) and 33(d)

  • What are the time limits for responding to interrogatories?


Advantages disadvantages of interrogatories l.jpg
ADVANTAGES/DISADVANTAGES OF INTERROGATORIES

  • What are the advantages of interrogatories?

  • What are the disadvantage of interrogatories?


Depositions frcp 27 32 l.jpg
DEPOSITIONS : FRCP 27-32

  • What is a deposition? (See CB 934 for Dee’s)

  • What are the advantages and disadvantages of depositions?

  • Possible to take deposition before action is commenced if danger that testimony may be lost (FRCP 27)


Officer at deposition l.jpg
Officer at Deposition

  • What is the role of the “officer” at a deposition? See FRCP 28, 30(a)(4)

  • Can a party object to an officer? On what basis? See 32(d)(2), 28(c)


Taking depositions frcp 30 l.jpg
TAKING DEPOSITIONS: FRCP 30

  • Can parties be deposed?

  • Can non-parties be deposed? (30(a)(1))

  • Can a corporation be deposed? (See 30(b)(6))

  • When is leave of the court required to take a deposition (See 30(a)(2))?


ad