- Depo Rule 30
- Oral testi.
- Any person, party / nonparty
- Interrog. Rule 33
- Written quest's by 1 party 2 another party
- Prod. of Doc's Rule 34
- Get phys'al evid. / entry into land 4 inspection
- Only 4 party
- Can incl. anything / all med. in which info is
- Phys'al & Mental Exam
- Req. of Adm. Rule 36
- One party force another 2 adm. / deny truth
- Only 4 party
- If not respond, then adm.
- Respond by
- Stmt of why unable 2 adm. / deny
- Per. of Discov.
- Until Trial
- Rule 26)f Mtng
- Must have mtng 2 disc. & propose discov.
- Prob's of Discov. in Complex Cases
- Unique 2 Complex
- Vol. of materials
- Length of X
- Lots of parties
- Prob's in All Discov.
- Effectiveness & accuracy
- Maintaining confid.
Protective Orders & Doc. Destruction
- Protective Order Rule 26)c
- Motion by party 4 any protective order
- Movant tried 2 confer w/o ct. axn in good faith
- Good cause shown
- Protect Party From
- Oppression /
- Undue burden of expense
- Umbrella Protective Order 4 Complex Cases
- Can't discl. stamped confid. doc's unless auth'ed
- Other party can oppose & say stamped doc.
- Can't use doc's 4 other cases but can 4 rel'ed
litig. where prod'er is party
- Three Part Test 4 Rule 26)c)7
- Est. matter sought 2 B protected is trade secret
/ other confid. research
- Discl. would cause cognizable harm such as comm'l
- Movant showed good cause 4 order by actual showing
/ specif. inj.
- First Amendment & Rule 26)c: Split of Auth.
- Third Cir. Good Cause Stand.
- Only consid. good cause 4 Rule 26)c
- Must not consid. 1st amend. analysis if meet
- First Cir.: Consid. Both Rule 26)c & 1st
- Good cause
- Restriction of protective order limited 2 discov.
- Can't restrict discl. from other sources
- Least Restrictive Means: 1st Amend. Analysis
- Subst'l govt. int. +
- Narrow tailoring
- Sanction & Doc. Destruction
- Bad faith not req'ed 4 sanction but must have
@ least knowing conduct
- Remedy 4 destroying doc's
- Draw adverse inference
- Tort of spoilation of evid.
- Atty Client Priv.
- Protect from discl. of confid. comm'n btwn client
- Only if sought 2 B client
- Only if atty @ bar & acted as atty 4 comm'n
- No strangers around @ comm'n
- Not 2 commit crime / tort
- Client didn't waive priv.
- Types of Comm'n
- Any doc's revealing client's motive, strategy,
- Promote frank discl.
- Protect pvcy
- Work Prod. Doc.
- Only doc's prep'ed in anticipation of trial
- Reveals strategy
- Reflects atty's mental impression, concl. / legal
- Abst'ly shielded in some cir. v. discov'able
when mental impression is issue in other cir.
- Qualified protection
- Discl'ed if good cause of subst'l need +
- Inability w/o undue hardship 2 get material by
- Preserve pvcy of atty
- Prevent free riding by opponent
- Waiver of Priv's
- Waive by failing 2 assert
- Intentional discl. 2 3rd parties
- Inadvertent discl. 2 3rd parties
- Injection of issues
- Classical waiver said waived
- Fairness said waived by looking @
- Effect on uninhibited consultation on atty &
client of not allowing priv. +
- Ability of parties 2 protect against discl.
- Classical waiver doc.
- Fact of discl. alone destroyes
- Waiver extends 2 entire world
- Fairness Analysis
- Limited waiver by looking @ circ. of waiver
- Exceptions 2 Waiver
- Ct ordered discl. of priv'ed items
- De facto compulsion by ct. b/c 2 many doc's in
- Common legal int. exception 4 work prod., not
atty client priv.
- Only co-parties have common int. by narrow view
- Two parties who anticipate litig. from common
adversary on same issue have common int. by broad view
- Rule 26)a)2
- If show work prod. 2 expert, must B prod'ed 2
This material is copyrighted by the author. Use of the material
for profit is expressly prohibited without the written
permission from the author.
Ms. Haeji Hong
May 4, 1998
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