Civil Litigation

"THE BURDEN OF DERIVING THE ANSWER FROM THE RECORDS MUST BE "SUBSTANTIALLY THE SAME FOR THE PERSON ASKING AS IT IS FOR THE PERSON ANSWERING THE INTERROGATORY"

So, if all the records requested are in FRENCH, they must be translated.

A preservation letter.

Test of Good Cause - ??? what constitutes as a good cause ?? most important thing is that it is done BEFORE the court date

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• Test of Excusable Neglect -
• Excusable neglect she refers to the story of her friendd getting in a critical accident on her way to Madison for the trial - she didn't have cell phone, office did not know what happened to her until after the trial time started.
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to be discoverable the info must be relevant (wis stat 804.01(2))

MUST BE REASONABLY CALCULATABLE TO LEAD TO THE DISCOVERY OF ADMISABLE EVIDENCE.

To be admissible the info must satisfy the three R's of evidence:

• Real
• Reliable
• Relevant

The motion must be in writing or made in the midst of a hearing so that it is documented by the court reporter

The motion must state with particularity the grounds for the motion

The motion must state the relief being sought

Wis Stat 801.15(4) and 801.15(1)(b)

The general rule is that 5 days notice must be given

• add 3 days if it is being mailed
• if being faxed after 5:00pm add 1 day

remember the rules for counting if it is under 11 days you don't count Saturday, Sunday or the holidays