Trial Rules

Card Set Information

Author:
missancy
ID:
90795
Filename:
Trial Rules
Updated:
2011-06-15 21:10:52
Tags:
Civil Litigation
Folders:

Description:
Trial Rules for Discovery
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  1. Trial Rule 33
    • Request for Interrogatories
    • Made by only parties to the action
    • Must be answered under oath.
  2. Trial Rule 34
    • Request for Production of Documents
    • Made to only parties to the action
    • Only applies to documents in their possession.
  3. Trial Rule 34(C)
    • Nonparty Request for Production of Documents
    • Made to businesses, not to a party to action
    • Must inform the other side 15 days before subpoena.
  4. Trial Rule 35
    • Request for Mental or Physical Examination
    • Made only to parties to action
    • (Mainly in Work Comp)
  5. Trial Rule 36
    • Request for Admissions
    • Made only to parties to action
    • Must be answered under oath
    • If not aswered within 30 days, deemed admitted.
  6. Trial Rule 30
    • Depositions (Normally takes place after initial written discovery phase)
    • Any potential witness even if not part of the action
    • Answered under oath
    • Mailed written testimony after deposition.
    • Within 30 days - opportunity to change testimony
    • Make changes on "errata sheet"
    • Change "red" to "fred", not "red" to "blue".
  7. Trial Rule 37
    • Motion to Compel
    • must follow TR 26(F) first.
  8. Trial Rule 45
    Subpoenas
  9. What's needed to get information from a nonparty?
    Nonparty Request for Documents and Subpoena duces tecum! (15 days before its served, other side can object!)
  10. Trial Rule 26(C)
    • Motion for Protective Order
    • Protects the client from embarrassment and annoyance. (other side can't ask certain questions).
  11. Trial Rule 26(A)
    Discovery must be served in two formats; hard and electronic.
  12. Trial Rule 26(E)
    Duty to Supplement witness and material facts without being asked.
  13. Trial Rule 27(F)
    • Must work out informally first before filling.
    • ex. 1 . Request for Interrogatories
    • 2. First letter to remind
    • 3. Second letter
    • 4. Third letter
    • Then file.

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