Term
| Rule 26 Initial Disclosures |
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Definition
- Indivduals with knowledge relevant to the disputed facts at trial
- Documents and Tangible things relevant to the case
- Damages - Categories and computations
- Insurance - If there is coverage
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Term
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Definition
| When all parties have filed all pleadings and when non appearing parties have been defaulted or dismissed |
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Term
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Definition
- Identification of expert and his field of expertise
- Report and Summary containing
- statement of opinions
- basis for opinions
- Data or information used
- Exhibits
- Qualifications and publications within the last 10 years.
- Compensation
- Other cases in which retained.
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Term
| Expert Disclosures - When |
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Definition
For Claimant: 120 days before trial For Defending Parties: 30 days after the claiming party's disclosure but not sooner than 90 days before trial |
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Term
| Failure to Make Disclosures |
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Definition
Exclusion of non-disclosed evidence Possibly other sanctions such as attorney fees |
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Term
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Definition
| Any matter not privilaged relevant to the claim or defense of any party |
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Term
| Discovery - Methods of (5) |
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Definition
- Depositions - one of each adverse party plus 2
- Interrogatories - 30, subparts count unless Pattern Interrogatories
- Production of Docs - 20
- Requests for Admission - 20
- Requests for Admissions of Genuiness - 50
(the court may vary limits for good cause) |
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Term
| Pretrial Case Management - Why (3) |
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Definition
- Increase Judicial Supervision over pretrial process
- Foster professionalism and cooperation among counsel
- Facilitate Disclosure, discovery and other pretrial prep.
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Term
| Case Management Order (CMO) |
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Definition
Governs Judicial Process 9 Deadlines Two Kinds: Presumptive/Modified |
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Term
| Meet and Confer regarding basis of claims and Defenses, Disclosures, and whether you need a modified CMO |
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Definition
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Term
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Definition
| No later then 30 days after at issue |
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Term
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Definition
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Term
| Explore possibilities of Settlement |
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Definition
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Term
| File Certificate of Compliance |
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Definition
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Term
| Deadline to file motions to amend pleadings or join parties |
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Definition
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Term
| File Pretrial motions (non summary judgment) |
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Definition
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Term
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Definition
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Term
| Commencement of Discovery |
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Definition
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Term
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Definition
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Term
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Definition
| Parties may agree to modify deadlines if they show "good cause for each modification sought" |
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Term
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Definition
| If they cannot agree the matter will be presented to court on a disputed motion |
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Term
| Trial Management Order (TMO) |
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Definition
Governs the case as it goes to trial. Prepared by the parties and filed as a proposal no later then 30 days before trial |
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Term
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Definition
- Statement of claims and defenses
- Stipulated Facts
- List of Pending motions
- whether or not trial briefs will be filed
- Itemization of damages
- List of witnesses, exhibits, and testimony in lieu of witnesses
- Anticipated Length of trial
- Any other matters appropriate
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Term
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Definition
- Applies automatically to all cases under 100,000 and where only equitable relief sought
- Parties can opt in or out. If opt in CMO does not apply
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Term
| Simplified Procedure never applies to (10) |
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Definition
- Class Actions
- Domestic Relations
- Juvenile
- Mental Health
- Probate
- Water Law
- Evictions
- Rents
- Foreclosure
- Expidited Statutory Proceedings
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Term
| What are the simplified procedures? (4) |
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Definition
- Disclosures must be signed under oath
- Interrogatories and requests for docs not allowed
- depositions not allowed except:
- preserve trial testimony
- authenticate docs from non-party
- By agreement of the parties
- Parties must exchange detailed statements of expected witness testimony before trial.
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Term
| CMO governs these 9 dealines |
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Definition
- Meet and confer
- Set case for trial
- Nonexpert disclosures
- explore possibilty of settlement
- Certificate of compliance
- file motions to amend pleadings or join parties
- pretrial motions
- commencement of discovery
- completion of discovery
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