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- Scope in General
- Unless limited by ct order, scope is as follows:
- * Parties may obtain discovery regarding any non-priviliged matter that is relevant to a party's claim or defense.
- * Ct may order discovery of any relevant subject matter as well.
- * All discovery is subject to limitations in 26-B-2-C
- Limitations on Frequency and Extent
- a. When permitted:
- ct can alter limits on # of depos/interrogatories AND length of depos under Rule 30. Rule 36 is limits on # of disco requests
- b. Specific limits on eData:
- Party need not provide eData from sources where proven too burdernsome. BUT the party being asked to provide must prove the burden/cost. BUT if ct decides good cause, it can still order eData provided.
- When required--ct must limit frequency or extent when it determines that:
- (i) D sought is unreasonably cumulative or duplicative OR can be obtained elsewhere in a less burdensome/expensive, or more convenient way.
- (ii) party seeking D has had ample opportunity to obtain it
- (iii) burden or expense outweighs the likely benefit
Trial Prep: Materials
A) Docs and tangible things--ordinarily a party may not discover docs/tangible things that are prepared in anticipation of litigation or for trial by or for another party of its representative(atty, agent, insurer, consultant)
- BUT subject to 26-B-4 they may be discoverable if
- (i) they ar discoverable under 26-b-1 AND
- (ii) the party shows that it has substantial need for the materials and cannot obtain otherwise w/o undue hardship.
- Protection against disclosure
- If the ct orders discovery of those materials, it must protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of a party's atty or other rep. concerning the litigation. (what does this mean?)
- Previous statement
- Anyone (party or other person) may obtain their own previous statement about the action or subject matter. If refuse, person may get ct order and expenses.
- Previous statement is either:
- (i) written statment--signed or otherwise adopted
- (ii) transcript of person's oral statement