1) What facts are needed in order to establish a winning case on the client's claims (or to defeat the opponent's claims)?

2) What facts already have been obtained through informal fact investigation?

3) What "missing" facts must still be obtained through formal discovery?

4) What discovery methods are most effective for obtaining the missing facts?

5) What facts and witnesses, already identified through informal investigation; must be pinned down by formal discovery?

6) What restrictsion does the client's litigation budget place on the discovery plan?

7) In what order should the discovery proceed?

1) Name, address/phone of each individual likely to have discoverable information related to the case.

2) Description of category of documents; hard copies; electronic, tangible that are responsive to case

3) Computation of damages, if any (generall attorneys' fees).

4) Any insurance agreement under which the business may be liable to satisfy all or part of the case

Under Rule 26(f), how long does a party have to Serve Initial Dislcoures after the discovery Conference?

Normally within 14 days after parties Rule 26(f) Conference with the court, unless a different time is agreed by stipulation or court order.

1) Parties, agent,s and employees

2) Witnesses

3) Documents and tangible things

4) Experts, facts, and opinioins

5) Details and sequences of events and transactions

6) Damages information and ability to pay

7) Person who prepared answers and sources used

8) Positions on issues and opinions of fact

1) Documents for inspection and copying

2) Tangible things for inspection, copying, and testing

3) Entry on land or property for inspection and testing

Joint Pre-Trial Order:

Must it be filed with the court?

What must it include?

The Joint Pre-trial order must be filed with the court and include at least the following:

1) Names of experts and fact witness to be called at trial

2) Parties' Contested Facts

3) Parties' trial exhibits to be used at trial (trial exhibits should have been produced/disclosed during discovery

4) Deposition Designations/Objections that Parties intend to introduce at trial (these are not the witnesses to testify at trial)

What are the most common protective orders under Rule 26(c)?

Are these the only protective orders?

There are different ones based on Rule 26(c), but the most common protective orders are:

1) Protection of Confidential and highly confidential information

2) Forbidding certain disclosure/discovery

3) Requiring certain depositions be sealed, etc.

After Initial Disclosures have been properly served and filed, parties exchange:

1) Requests for Admissions (RFAs)

2) Interrogatory Requests (ROGS)

3) Requests for Production of Dcouments (RFPs)

4) Notice of Deposistions (Individual/corporate)

5) Objections and Answers to each of the above

How many ROGS may be filed under the Federal rules?

When may more ROGS be filed?

Can ROGs be supplemented?

Federal Rules allow for 25 Rogs unless stipulated otherwise and w/court; each Rog can be supplemented many times.

1) Federal and Local Rule

2) Definitions

3) Actual ROGs and RFPs

4) General Objections

5) Actual Response

6) If more than one party, please serve ROGs and RFPs to each individually

Under Rule 34 Document Production-

1) how long do parties ahve to respond after document requests are served?

What happens after document requests are served?

After parties have served document requests to each other, each party objects and responds (nromally within 30 days after request is served unless parties agree to extend).

Parties prepare their legal team to start collecting and producing documents.

1) Documents must be reviewed first before they are produced.

2) Make sure no privileged document is produced.

3) Avoid producing non-responsive and irrelevant docuemnts. If the number of non-responsibe documents is way too large, the party to whom the documents are produced can askthe Court to put sanctions upon the producing party

What must happen regarding privliged documents after each production?

What is the other party's rights regarding withheld from production?

After each production provide a privilege log for documents that were withehld from that production;

Each party has the right to see the description of documents that are withheld on the basis of privilege

Privilege log- when is it served?

How is the deadline determined?

The privilege log should contain:

1) Document ID given to identify such document

2) Names of firms/lawyers/in-house counsel that privileged information was echanged or where attorney-work produce was performed

3) Date of such attorney-client communication (AC) or work product (WP)

4) Description of document

5) Claim of Privilege (i.e. Atty-client or atty work product)

Under Rule 36, what are the three categories of requests?

What happens if a party fails to object to a Request to admit facts?

Who long does a party have to object to request to admit facts?

A Request can be directed to three categories:

1) Genuineness of documents

2) Truth of facts

3) "Application of law to fact" 

4) Opinions about 2 and 3.

RAF is deemed admitted unless the party objects within 30 days.

1) If a party fails to disclose information requested pursuant to Rule 26, then the party seeking disclousre may file a motion for an order compelling disclosure (Rule 37(a))

2) Failure to comply with discovery will resul in sanctions (Rule 37(b)).