discovery cheat sheet

8/3/2019 Discovery Cheat Sheet

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HIRSCH/WARNE DISCOVERY CHEAT SHEET


FORM OF

DISCOVERY

FILE

WITH

COURT?

TIME/

NUMBER

LIMIT

SPECIAL

NOTICE

IF NON-

PARTY?

USE TO

GET

EXPERT

INFO?

SPECIAL

REQUIREMENTS?

Subpeonas No, if it is

to a party

Yes, if to a

non-party

Completed

by 30 days

pre-trial

Must make

request for

documents

10 days

before

service of

subpoena

on non-

party to

allow them

time to

comply

without the

subpoena

Only by

subpoena for

deposition or

trial

testimony

q Has new warning

language

q Attorney must sign

q Must have afficavi

to enforce non-

appearance

q Can be used to get

documents from a no

party

q Must send copies t

all parties

q Valid within 150

miles of county of sui

nterrogatories No Total of 25

Completed

by 30 dayspre-trial

Cannot

propound

to non-parties

NO q Can use 'discrete

subparts', but each

subpart counts as aquestion

q Can ask who is goi

to testify

q Can ask contention

question and the facts

supporting the

contention

q Answers and

supplements must beverified

q New verification

language

q New method of

preventing disclosure

privileged informatio

q Can ask 'connectio

to the case' of people

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with knowledge of

relevant facts

q New definitions of

work product [R 192.

Request for

Disclosure

No Must

propound

no later

than 60

days before

trial

Cannot

propound

to a non-

party

Only method

to get expert

information

except by

reports and

depositions

q Must file a written

response

q If you receive one,

your deadline for

supplementing expert

info is 120 days pre-t

q NO OBJECTION I

PERMITTED

q Very specific thing

you can ask [R 194]

Depositions No, if to a

partyYes, if

notice is to

a non-party

Level 1 &

Level 2have time

limits

Must be

completed

by 30 days

pre-trial

Must

providecopy of

notice and

subpoena to

all parties

Yes q Level 1 - limited to

hours total [can Rule for up to 10 total hou

q Level 2 - limited to

50 hours total time

including cross-

examination, but if

more than 2 experts p

side, then add'l 6 hou

per expert

q Anyone can file aMotion for Proteciton

they are affected by th

discovery

q If M/Protection file

within 3 business day

of notice the depositio

is stayed - otherwise,

IS NOT STAYED by

the filing of a M/Protection



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Request for

Production

Yes, unless

it is a party

All

discovery

completed

30 days pre-

trial

No Can only be

used to non-

party if in

conjunction

with

subpoena, as

above

q Same deadlines for

response

q Must file written

response

q If originals are

requested, responding

party can keep origin

while the other partyinspects and copies

q If requesting

electronic or magneti

data, requesting party

must specifically say

and identify how it is

be produced

q If the data cannot b

retrieved in that formthe proper response is

an objection in

compliance with the

rules


discovery cheat sheet

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