Term
| Are expenses require for an in state witness? |
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Definition
| Yes, the party is required to pay expenses for witnesses residing and employed outside of the parish and more than 25 miles from the court house. |
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Term
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Definition
| Compels a witness to bring docs, tangible things, or ESI with them. |
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Term
| What is discoverable material? |
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Definition
| Parties may obtain material regarding "any matter not priviledged which is relevant to the subject matter involved in the pending action" |
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Term
| When are protective orders available? |
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Definition
To prevent:
Annoyance
embarrassment
oppression
undue burden or expense |
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Term
| What are the remedies for a protective order? |
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Definition
1. Prohibiting discovery
2. Limting terms of discovery
3. ordering that trade secret or confidential information may not be disclosed or designating the form or disclosure |
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Term
| Where does a deposition take place when the deponent does not consent and is IN-state? |
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Definition
| where ct orders or in the parish where the deponent resides/employed/transacts biz in person. |
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Term
| Where does a deposition take place when the deponent does not consent and is OUT-of-state? |
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Definition
In accordance with the laws of the foreign state.
If temporarily out of state --> parish where served with subpoena or where the ct orders. |
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Term
| What happens when there is an objection? |
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Definition
| Noted by ct. reported and evidence shall be taken subject to the objections |
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Term
| When can a deponent be instructed NOT to answer? |
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Definition
Preserve a privledge
enforce a limitation on evidence imposed by the ct
prevent harassing and repetitious questions
prevent questions which seek information that is neither admissible at trial nor reasonably calculated to lead to discovery of admissible evidence. |
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Term
| What types of objections are waived if not raised during questioning? |
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Definition
Objections that could cure the problem, such as objections to form of the question or responsiveness of the answer
Relevancy is not waived |
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Term
| When is a motion to suppress used? |
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Definition
Error and irregulatires in which testimony is transcribed
Mtn made promptly after the defect is or with due dil should have been discovered. |
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Term
| When is a motion to terminate used? |
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Definition
| During a depo a party or deponent may move to terminate the deposition upon showing it is being conducted in bad faith or to annoy, embarrass or oppress the deponent. |
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Term
| When a depo is used to perserve testimony what are the requirements? |
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Definition
| 20 days notice and atty must be appointed for the witness/potential party |
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Term
| When can a depo be used in place of a witness? |
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Definition
| if the W dies, unavailable, or resides more than 100 miles from the ct house or is out of state |
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Term
| How is the depo of an expert taken? How do you object? |
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Definition
Give notice to other counsel with 10 days to object
Depo may be used for any purpose
Objector must pay reas rexpert fees in advance |
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Term
| Can an atty of record be depose? |
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Definition
| No except for extraordinary circumstances. |
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Term
| What is a letter rogatory and what is the procedure? |
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Definition
Depo of someone in another state
Procedure:
Reasnotice time in writing with time & place, names and addresses
Apply to ct for issuance of letters rogatory addressed to the appropriate authority demanding deponent to appear |
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Term
| Who can interrogaties be sent to? |
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Definition
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Term
| What are the time limits and number of INTs |
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Definition
Within 15 days of service
or 30 days from service of orig petition
State always has 30
MAX 35 questions and sub parts |
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Term
| What if the answers to the INTs can be found in biz records? |
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Definition
| Specify where in the records the answer can be found and provide the records. |
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Term
| Who can a RFP be served to? |
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Definition
any PARTY
For non-party use subpoena deces tecum |
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Term
| What is an RFP and what are the time limits? |
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Definition
Once serve party must make all specify material available for insepction/copying/testing/sampling or ESI or permit entry on to land.
15 day time limit for reponsing/objecting, 30 from orig. petition |
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Term
| What form must RFP docs be provided in? |
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Definition
Request must specify the form to be produced
A party may object and specify the form it intentes to provide.
A party may produce them in the way they are kept in the usual course of biz. |
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Term
| If ESI is not produced in accordance with an RFP... |
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Definition
requesting party may move to compel and the ct may order the responding party to afford access to the computers to retrieve information.
ESI does not have to be provided it would be undue burden or cost |
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Term
| When can a party be compelled to undergo a mental/phys exam? |
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Definition
ONLY if the phys or mental conditio of the part is at issue
Must be done by MD, vocational rehab, psych... NO ph.d's |
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Term
| How is a request for medical records done? How long? |
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Definition
Serve a release on the pary that he sign it that directs a HCP to release records of the party whose med condition is at issue.
15 days to sign release or object |
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Term
Who can be served a request for admission?
How long to answer? |
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Definition
any adverse PARTY
15 days, or if no answer made the fact is conclusively proved or document is consider genuine. |
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Term
| If an insufficient answer is given for a request for admission, what are the remedies? |
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Definition
Make a mtn to determine sufficiency.
If a party is forced to prove a denied fact, then costs and atty fees may be recovered. |
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Term
| What are sanction if discovery is compelled? |
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Definition
Matter deemed proved
Exclusion of evidence
Striking/dismissing/entering default
Costs and fees
Contempt
No sanction for good faith operation of computer systems or lost ESI |
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Term
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Definition
| Writings of ESI "prepared by a party or his atty in anticipation of litigation or in preparation of trial" unless undue hardship/injustice |
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Term
| Are tangible things covered by work product doctrine? |
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Definition
Nope, video and other things are discoverable.
Only writings and ESI protected |
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Term
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Definition
| expressly and describe the materials withheld with sufficient particularly to enable the party seeking disclosure to assess the privlege |
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Term
| What happens if work product in inadvertently disclosed? |
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Definition
Does not mean waiver if reasonably prompt notice of the inadvertance of the disclosure is given.
Upon receipt of the notice, the recipient must return or safeguard the materials but may assert waiver
Has to turn over stuff where its clear the material is privileged |
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Term
| Are expert names discoverable? |
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Definition
| Yes, if testifying. The court may order a written report prepared by the expert with the opinons and reasons and any data relied on. |
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Term
| Is an expert report required? When must it be provided? |
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Definition
The court may order a written report prepared by the expert with the opinons and reasons and any data relied on.
90 days before trial
30 days if for rebuttal only |
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Term
| Are non-testifying expert's facts and opinion discoverable? |
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Definition
| Nope, except for extraordinary circumstance. |
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Term
| How are expert qualifications determined? |
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Definition
60 days before trial file a mtn for pre-hearing whether witness/methodologies qualify.
A contradictory hearing must occur at least 30 days before trial. |
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Term
| What are the requirements for a ruling on expert qualifications? |
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Definition
Requirement of evidence articles
evidence presented at the hearing
judge's decision on whether expert can testify
reasons for the decision
Judge can do this from the bench of within 5 days. |
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Term
| When is there a duty to supplement? |
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Definition
No duty if responses where complete when made, EXCEPT when:
Identify of people with knowledge of discoverable matters and expert witnesses along with the subject of their testimony
Information that renders a previous response incorrect |
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Term
| How is a corporation/entity deposed? |
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Definition
say its "1442 Deposition"
Name the corp/assn/p-ship/agency as the deponent
State the matters on which the exam is requested
The biz has a duty to provide the deponents |
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Term
| What do you do when opposing counsel is making lengthy objections that lead the deposition witness? |
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Definition
| Code sayd any objection during a depo shall be stated consicesly and in a non-argumentative and non suggestive manner |
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