26(b)

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Author:
jans0150
ID:
94970
Filename:
26(b)
Updated:
2011-07-23 23:36:24
Tags:
cp2
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cp2
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  1. What info is discoverable?
    • nonprivledged,
    • relevant.
    • 26(b)(1)
  2. Limits on disc
    • imposed on deps by r30
    • imposed on request for admission by r36
    • ct may alter above. 26(b)(2)(A)

    party need not reveal esi if would be an undue burden/cost. But ct may order for cause. 26(b)(2)(B)

    • court must limit under 26(b)(2)(C)
    • unreasonably cumulative or duplicitive, or can be obtained from other source(i)

    or party has already had ample opp (ii)

    or burden outweighs benifit (iii)
  3. 26(b)(3)(A)
    work product may be made discoverable if substantial need is established (barring death, unlikely)

    but under paragraph (B) ct must order att thoughts withheld.
  4. There is no need for a showing in order to compel the discovery of:
    A party's previous statement. 26(b)(3)(C)
  5. Depositions of experts from whom report is req...
    may only be conducted after report is provided. 26(b)(4)(A)
  6. Experts' draft reports...
    are not discoverable regardless of form 26(b)(4)(B)
  7. Protection for communication between att and expert witness.
    • Rule 26(b)(4)(C)
    • except: compensation(i), facts(ii)/ assumptions(iii)
  8. Experts used for prep only:
    • 26(b)(4)(D) not ordinairly discoverable or subject to interogatories.
    • (i)unless regarding exam r35
    • (ii) exceptional circ
    • (E) party seeking disc must pay expert fee (i). and compensate other party for charges it paid (ii)
  9. If claiming privledge:
    • party must:
    • 26(b)(5)(A)
    • expressly make claim (i).
    • describe(ii)
  10. If privleged info is mistakenly produced:
    • 26(b)(5)(B)
    • party must notify, other party must sequester, safegaurd.

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