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Discovery Outline

Law Outlines > Civil Procedure Outlines

This is an extract of our Discovery document, which we sell as part of our Civil Procedure Outlines collection written by the top tier of U.C. Berkeley School Of Law (Boalt Hall) 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 Note about forum non conveniens = Discovery laws are really attractive to foreigners & we don't want litigation arising out of non-American laws. Drain on resources & not just to our jurors or to the laws of other sovereign nations. Discovery does not require just information to be used in litigation, but also information which could lead to further discovery of usable information.

1 Policies 1 2

Incentivizes settlement because it causes parties to appraise the overall case costs. Makes clear the appropriateness of summary judgment

2 Rules 16: 26: basic conditions. governs initial disclosures, explains scope of discovery, describes important limitations on the scope of discovery such as those with respect to work product and expert witnesses, prescribes a set of ethical obligations, (Rule 26f is a lot like 11 in this way), and the planning and scheduling element. You certify that you've done your research, you have a non frivolous legal basis for what you're doing, that you're not doing it just to harass or unduly burdensome, etc. 33: interrogatories 37: is about the enforcement regime for discovery. Compelling discovery, and sanctions on parties for misbehavior in discovery for failing to produce information or needlessly driving up costs. 1 2 3

4 Bad-faith requests are not allowed (to harass, increase costs, Should be done without assistance from court. Court will apply sanctions to parties which make the process unnecessarily difficult. Informal investigations prior to pleading: rule 11 AdvantagesInexpensiveInformal interviews are easy to arrange and quick toconduct, rather than formal depositions which are difficult to schedule and time consuming When informal interview says something unfavorable toclient, there is no rule requiring the lawyer to write it down/send it to opposing counsel. In formal interview, everyone is under oath. Timing: 26(f) - require meeting before trial to discuss discovery plan...."as soon as practicable": before 21 days before final deadline for issuance of schedule order. Deadline must be within 120 days after defendant has been served or 90 days after defendant has appeared.

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