Term
Scope of Discovery
What rule, what's the standard? |
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Definition
| Rule 26b(1): Nonpriviliged information relevant to party's claim/defense. It need not be admissible at trial. |
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Term
| For information that is within the scope of discovery identified in Rule 26b(1), what can a party do to limit discovery? And what justification is needed to do this? |
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Definition
| Seek a protective order form the court. To protect the party from "annoyance, embarrassment, oppression, or undue burden or expense {26c(1)} or to protect propriety information |
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Term
| Privilege Objections: What's the justification for having these available? |
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Definition
| Idea is that some policy rationales for confidentiality are more important than gaining access to evidence |
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Term
| Types of privileged communications: |
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Definition
attorney/client
doctor/patient
therapist/patient
husband/wife |
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Term
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Definition
| documents and tangible things prepared in anticipation of litigation or trial by a party or its representative. |
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Term
| What are the categories of work product and how are they treated via discovery? |
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Definition
Categories: Documents preped in anticipation of trial: Discovery Barred
Substantial need for materials in category 1, adn similar info can't be obtained elsewhere w/o substantial hardship: Ct can order them produced.
Opinion work product=legal theories: Can't be produced. |
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Term
| What does attorney-client privilege protect? What does it NOT protect? |
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Definition
Protects: communications between lawyer and client from discover.
Doesn't protect: Facts from being discoverable--ie the attorney can't let their client perjure themselves in filing answers with factual misrepresentations. |
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