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: Interrogatories Requests for production of documents Depositions Independent medical exam Requests for admissions Request 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 party Must be in writing May be used in conjunction with interrogatories Federal Rules do not specify a limit Once made, an admission cannot be corrected or withdrawn without consent of other party or court (judicial admission)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 Parties Dependent 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 lawsuit Resolve 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/transcript Video Audio 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