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Discovery And Disclosure Outline

Law Outlines > Civil Procedure Outlines

This is an extract of our Discovery And Disclosure document, which we sell as part of our Civil Procedure Outlines collection written by the top tier of NYU School Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Civil Procedure Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

DISCOVERY AND DISCLOSURE Discovery and Disclosure A. Introduction Broad discovery should make for smooth and clear trial, and might lead parties to settle. 26(a) covers mandatory disclosure, but for the most part, discovery is an antiphonal process, under which a litigant who wants information sends a request for discovery to her adversary, who either provides the necessary information or raise an objection to doing so. Usually can't appeal discovery orders. Rule 26(a)(1) Required Disclosure:
? A party must, without awaiting a discovery request, provide the name, and if known, the address and telephone number of any individual likely to have discoverable information---along with the subject of that information---that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment.
? Any documents it has and plans to use to support its claims or defenses
? Other materials, including insurance agreements, and any info used to calculate damages
? Must be made within 14 days of initial rule 26(f) conference unless court specifies otherwise Rule 26(b) Scope (what you have to provide if requested):
? Material need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence
? Parties can obtain discovery regarding any non-privileged matter relevant to any party's claim or defense---including tangible evidence/documents, or just their location/subject/existence
? Court can order discovery for any matter relevant to the case
? Party can ask court for relief in not providing material if it is unduly expensive to sift through
? Court can limit discovery if it rules that the costs outweigh the benefits Rule 26(c): Court can protect a party from embarrassment, oppression, or undue burden by forbidding certain discovery or inquiry, or other means Rule 37 After attempting to confer with the other party, one may move to compel disclosure or discovery Chalick v Cooper Hospital Hospital did not disclose the name of a doc who was involved in treating a patient for med mal, patient learns of his role during discovery depositions. Because they failed to disclose him, kind-of as a punishment, they allow Chalick to amend the complaint to add doc as a defendant. This was pre-2000 amendment. Today, probably wouldn't have had to add Chalick b/c it wasn't clear that the hospital was going to use his testimony in its defense?not required disclosure.

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