Civil Litigation

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  1. Characteristics of Discovery
    Discovery orders are NOT appealable

    Only Final orders are appealable

    Discovery orders are NTO final orders
  2. Scope of Discovery
    Privileges Block Discovery (H/W, Clergy/Parishioner, Dr./Patient, Atty/Client)

    Absolute - No one

    • Mental Impressions
    • Conclusions
    • Opinions
    • Legal Theory

    Qualified -

    •   Substantial Need
    • AND
    •   Undue Hardship
    • AND
    •   Substantial Equivilant
  3. Discovery Supplementation (Supplement = ADD)
    Wis. Stat. 804.01(5)

    If response to discovery request was COMPLETE WHEN MADE no duty to supplement.


    • Must be seasonably supplemented if:
    • 1. The identity and location of persons having knowledge of discoverable matters. (New Witness)
    • 2. Identity of each person expected to be called as an expert at trial. (New Expert)

    Incomplete answer - didn't answer at all
  4. Discovery Amend (Amend = CHANGE)
    Wis. Stat. 804.01(5)(b)

    • Must seasonably amend
    • 1. party know the response was incorrect when made

    There were no photos, but then find out there are photos

    Party knows statement true when made but is now different

    Failure to amend amount is knowing concealment
  5. Duty to Supplement responses
    Wis. stat. 804.01(5)(c)

    Court order

    Agreement of parties

    Do another set of interrogatories

    Anytime prior to trial though a new request to supplement previous responses.
  6. Discovery conference
    Wis. Stat. 804.01(2)(c)(1)

    Specific limits on discovery of ESI

    • Not allowed to:
    • serve a request to produce or inspect under 804.09 seeking discovery of ESI


    respond to an interrogatory under Wis. Stat. 804.08(3) by producing ESI

    Until after all parties confer regarding all of the following:

    • A. Subjects on which ESI discover may be needed
    • B. When such discovery should be completed by
    • C. Whether discovery should be in phases or limited to particular issues.
  7. Preservation of ESI - pending discovery
    Form or forms in which ESI shall be produced -

    • .tif
    • .pdf
  8. Clawback provision
    method of asserting or preserving claims of privledge or of trial preparation materials

    *Can these claims be asserted after production
  9. The cost of proposed discovery of ESI and the extent to which such discovery shall be limited, if at all
  10. In cases involving protracted actions. complex issues or multiple paties
  11. Discuss the utility of a court appointed referee Wis stat 805.06 or expert witness Wis stat 907.06 to supervise court on and aspect of discovery of ESI
  12. If party fails or refuses to confer as required then any party may move the court for relief under Wis stat 804.12(1)
Card Set:
Civil Litigation
2013-04-29 21:08:35
Civil Litigation Discovery

Civil litigation - Discovery
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