PA110 Civil Litigation I

Unit 6 Seminar

Unit 6 & 7 Assignments

Deadline: 11:59 PM ET, Tuesday, December 21 & 28, Units 6 & 7 respectively

Dropbox items for Unit 6:Unit 6 Action Item 1 (85 points)Unit 7 Action Item 2 (85 points)

Unit 6 Action Item

Using the information you've collected thus far in the Justin King case, draft five (5) interrogatories to the Plaintiff and five (5) interrogatories to one Defendant, a TOTAL OF TEN (10) interrogatories.

See assignments posted in Doc Sharing

Unit 7 Action Item 1

Complete two (2) requests for production from the Plaintiff, Justin King, to one Defendant AND two (2) requests for production from one Defendant to Plaintiff, Justin King. 

Formal Discovery

Discovery: formal exchange of information between the

parties

Types of formal discovery:InterrogatoriesRequests for production of documentsDepositionsIndependent medical examRequests for admissionsRequest for inspection

Requests for Production of Documents

Party may offer to produce records for examination in response to interrogatories seeking the contents of business records

FRCP 34 cannot be used to compel a party to prepare a document that does not already exist.

Response to Requests for Production

produce business records in the same form and condition as they are normally used in the respondent’s business.

Interrogatories

Tool of formal discovery that permits a party to obtain written answers to questions about a case

Limit: Under federal rules, only 25 interrogatories

Requests for Admissions

Must be served on the other partyMust be in writingMay be used in conjunction with

interrogatoriesFederal Rules do not specify a limit

Once made, an admission cannot be corrected or withdrawn without consent of other party or

court (judicial admission)

Independent Medical Exam (IME)

“The court … may order a party whose mental or physical condition . . . is in controversy to submit to a physical or mental examination . . . ”

Court may compel if medical condition “at issue”Examiner’s Report

Persons Required to Submit to IME

PartiesDependent child of parents who bring suit

on behalf of the child Someone who is directly under the control

of a party

Not required: Employees of a corporation that is a party

Defendant’s Right to IME

Unless the plaintiff places his or her physical condition into issue, the defendant does not have a right to an independent medical examination of the plaintiff.

Suing for personal injury damages places the physical condition into issue

Requests for Inspection of Documents

Signed by attorney (not paralegal)scheduling and conducting inspections

of property and documents.

Consequences for Failure to Submit to IME

Dismiss plaintiff’s lawsuitResolve the disputed medical facts against the

party Strike the defendant’s  answer and find the party in

default

Note: Contempt of court may not be ordered for failure to submit to an IME

Depositions

Discovery procedure that permits one to obtain the most detailed information from an adverse party or witness.

Deposition Terminology

Depose (verb): to conduct a deposition Deponent (noun): the person who is being asked the questions during the deposition (party or witness)

Recording of Deposition

Court reporter/transcriptVideoAudio tape

Ethical Considerations

Only the attorney should ask the questions of the deponent during the deposition

Use of Depositions at Trial

May be used as:substantive evidence (if witness

unavailable)impeachment purposes