Rule 26

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Rule 26
2013-03-20 21:43:04
26 civ pro 2nd semester discovery

rule 26
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  1. Initial disclosures MUST without request provide?
    Name, address & phone if known of individuals likely to have discoverable information (subjects included), that they MAY use in support of its claims or defenses.(a)(1)
  2. A copy or description and category of what, MUST be included?
    All documents, ESI, and tangible items in the disclosing party's control, custody, or possession that it MAY use.(a)(1)
  3. Must damages be disclosed?
    A computation of each type of damages claimed with the supporting information that the calculation is based on, UNLESS it is privileged. (a)(1)
  4. Must insurance policies be disclosed?
    Only those that are relevant to the action.(a)(1)
  5. When must initial disclosures be made?
    Within 14 days of the 26(f) discovery conference, UNLESS the court directs otherwise or a party objects to initial disclosures in the action. (a)(1)
  6. Parties served or joined after the 26(f) conference have how long for initial disclosures?
    30 days unless court orders otherwise. (a)(1)
  7. Who else must the party disclose?
    Any witness who it may use at trial to present evidence= AN EXPERT. (a)(2)
  8. What must accompany the disclosure of a witness?
    A written report signed and prepared by the witness. (a)(2)
  9. What must be contained in the witness report?
    statement of opinions they will express;facts and data considered in forming the opinion;exhibits that will be used to summarize/support them; qualifications (including publications); cases they have testified in AS AN EXPERT in the past 4 years; how much are they getting paid. (a)(2)
  10. If a witness is not required to give a report what does disclosure have to have?
    the subject the witness is presenting evidence under; summary of facts and opinions they are testifying to.(a)(2)
  11. How long does a party have to disclose experts?
    90 days before trial date; if meant to contradict the other party's evidence then 30 days after that party's disclosure.(a)(2)
  12. What other information MUST the parties disclose prior to trial?
    witnesses who they expect to use and those it may use if the need arises; which witnesses will be presented by deposition; ID each docu/exhibit it expects to use or may use  (a)(3)
  13. When must these additional disclosures be made? Can they be objected to?
    within 30 days before trial. Objections 14 days after the disclosures are made
  14. What is the scope of discovery?
    Information that is relevant to the action based on the pleadings, that IS NOT PRIVILEGED. (b)(1)
  15. Are there limits on EIS?
    Yes, a party does not have to disclose EIS that is not reasonably accessible.
  16. What determines reasonability of EIS?
    The existence of an undue burden or cost
  17. How does the court determine that it will compel documents?
    Balance of the harm versus the need?
  18. May the court compel even if the disclosing party shows a substantial burden/harm?
    Yes, if the lack of disclosure would completely prevent the  requesting party from developing its claim or defense.
  19. How can the court actually balance the harm and need?
    Court may require disclosure but under specific limitations
  20. When does the court have to limit the discovery otherwise allowed?
    If it is unreasonably cumulative and can be obtained through another source; party already had the opportunity to obtain the information; burden to disclose (expense) outweighs the benefit. (b)(2)
  21. Under what circumstances may a party seek a protective order?
    When the party has already informed the other party that they do not wish to disclose the information and the parties are unable to resolve the issue without the court.
  22. What will the court look for to see if it should grant a protective order?
    annoyance, embarrassment, oppression, or undue burden  or expense.