Discovery Methods. Feb. 25. Review. 26 a – automatic disclosure rules – obligation to automatically disclose witnesses/documents you plan to use to support a claim or defense 26 b(2)- defines general material discoverable and general limits to discovery.
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List of common objections – see Rule book 661-62
What if an interrogatory asks for some information that you believe is objectionable. Can you properly object and refuse to answer the entire interrogatory?
Is it proper to simply state: “objection”. If your opponent does this, what should you do?
Is it proper to state: “Objection this calls for an application of law to fact and is outside the proper scope of discovery”
What do you do if your opponent completely fails to answer?(hold til sanctions section)
G is injured on a scout outing when he stumbles on a tent wire after returning from a late night raid on a campsite of another troop. He sues the Boy Scouts. A young boy tells defense counsel he saw 4 other boys trip over the same wire. P. serves a Request for Admission:
Admit that prior to the incident that is the subject matter of this suit, 4 boys had stumbled on the same wire as the wire plaintiff stumbled on.
Must defendant admit this fact
Assume defendant admits the fact above and one of the other trippers sues. Is the admission binding on the defendant in that lawsuit?
How do you ensure witnesses attend a deposition?
When is it proper to instruct a witness not to answer a deposition question (p. 580)
Why should you submit the deposition to the witness, have her read it and sign it?
What are advantages/disadvantages to depositions?
How many times do you usually get to depose a witness?
What do you do if you don’t know who in a corporation to depose about a particular subject matter (e.g. who would have the relevant information about the corporation’s hiring practices)?