Civil Procedure II Midterm Exam Outline

Discovery

Process of obtaining evidence before trial.

Relevance

Matter that bears on a party's claim or defense.

Proportionality

Discovery must match the case's needs.

Privilege

Protection of certain confidential communications from discovery.

Matter

Includes documents, electronic files, and personal knowledge.

Work Product

Protection for materials prepared for litigation.

Core Work Product

Always protected; includes attorney's mental impressions.

Burden of Proof

Party must establish relevance or protection claims.

Anticipation of Litigation

Prepared with a specific claim in mind.

Specific Claim Approach

Document prepared for a specific claim's probability.

Ad Hoc Approach

Protection if disclosure chills legal representation.

Primary Purpose Approach

Document prepared primarily for litigation anticipation.

Substantial Need

Requesting party must show need for materials.

Undue Hardship

Difficulty in obtaining equivalent materials by other means.

Responding Party

Party required to answer discovery requests.

Claim of Work Product

Assertion to protect materials from disclosure.

Tangible Things

Physical items subject to discovery protection.

Mental Impressions

Attorney's thoughts and opinions about litigation.

Legal Theories

Strategies or arguments developed for legal cases.

Access to Information

Parties' ability to obtain relevant evidence.

Burden/Cost Balance

Weighing discovery's burden against its benefits.

Importance of Issues

Significance of matters at stake in litigation.

Amount in Controversy

Monetary value at stake in the case.

Discovery Request

Formal demand for information or documents.

Nonprivileged Matter

Information not protected by legal privilege.

Chilling Effect

Deterrent to creating documents due to disclosure risk.

Free ride

Prevents one party from exploiting another's investigation.

Lawyer as witness

Avoids attorney becoming a witness in a case.

Rule 26(f) Conference

Mandatory pre-trial meeting to discuss discovery.

Discovery Plan

Written strategy for managing discovery materials.

Initial Disclosures

Required exchange of key information before trial.

Expert Disclosures

Identification and report of testifying experts required.

Pretrial Disclosures

Information shared 30 days before trial setting.

Interrogatories

Written questions sent between parties in litigation.

Discovery limitations

Restrictions on the scope of discovery requests.

Protective orders

Court orders to limit discovery for privacy.

Electronic discovery

Management of digital evidence in legal cases.

Settlement discussions

Negotiations to resolve a case before trial.

Privilege issues

Concerns about confidential communications in discovery.

Fact witnesses

Individuals providing testimony based on personal knowledge.

Expert report

Document detailing expert's findings and opinions.

Consulting experts

Experts with no disclosure requirements for confidentiality.

Trial setting

Scheduled date for the trial to commence.

Written discovery plan

Document outlining how discovery will be conducted.

Witness identification

Listing of witnesses expected to testify at trial.

Objections to disclosures

Formal challenges to the admissibility of evidence.

Discovery subjects

Topics covered in the discovery process.

Claims and defenses

Legal arguments presented by each party.

Helpful documents

Evidence that supports a party's claims or defenses.

Insurance agreements

Contracts that may cover potential judgments.

Treating physician

Doctor who may testify based on patient treatment.

Deposition designation

Identifying testimony to be read to the jury.

Subparts in interrogatories

Additional questions related to each main question.

Corporate Representative

Must answer with entity's collective knowledge.

Business Records Production

Option to provide records instead of written answers.

Interrogatories Response Time

30 days to serve answers after service.

Requests for Production

Rule 34; documents supporting claims must be produced.

Reasonable Particularity

Description of documents must be specific and clear.

BATES Labeling

Label each page for organization in production.

Ordinary Course of Business

Produce documents as they are typically maintained.

Inspection of Documents

Requesting party may inspect at responding party's location.

Cost of Production

Responding party bears cost unless otherwise agreed.

Electronically Stored Information

Claiming inaccessibility requires proof of undue burden.

Types of Depositions

Includes oral and written question depositions.

Deposition Limit

Parties limited to 10 depositions without agreement.

Subpoena for Nonparty

Required to compel appearance and document production.

Oral Deposition Duration

Default is 7 hours per deponent in one day.

Written Question Deposition

Questions read aloud; answers recorded under oath.

Witness Privilege

Only privilege can instruct not to answer.

Deposition Use at Trial

Can be used to impeach a witness.

Requests for Admissions

Sent to parties to admit truth of matters.

Automatic Admission

Failure to respond to admissions results in deemed admission.

Document Authentication

Requests for admissions can authenticate documents.

Physical Examination Requirement

Requires court order unless consented by examined party.

Condition in Controversy

Physical or mental condition must be disputed.

Discovery Timing

Rule 34 requests can be sent 21 days post-service.

Response Deadline

30 days after Rule 26(f) meet and confer.

Motion for Examination

Party seeking exam must file motion and notify.

Cost Responsibility

Requesting party pays for physical or mental exams.

Nonparty Depositions

Nonparties need subpoenas for deposition compliance.

Rule 26(f) Conference

Meeting to discuss discovery at least 21 days prior.

Discovery Tools

All tools available post Rule 26(f) conference.

Supplemental Disclosures

Ongoing duty to update disclosures as information arises.

Response Time

30 days to serve answers to discovery requests.

Rule 16 Scheduling Order

Judge's deadline for scheduling order is 90 or 60 days.

Discovery Plan Deadline

14 days after Rule 26(f) conference to submit plan.

Pretrial Order Control

Controls all case aspects until next pretrial order.

Good Cause Standard

Required to modify scheduling orders or interim orders.

Final Pretrial Order

Requires preventing manifest injustice to modify.

Summary Judgment (Rule 56)

Entitlement to judgment as a matter of law.

Factfinder Role

Factfinders decide facts; judges decide law.

Undisputed Facts

No factfinder needed when facts are undisputed.

Admissible Evidence

Court analyzes evidence that can be presented at trial.

Motion Filing Timing

File summary judgment within 30 days post-discovery.

Burden of Proof

Movant must prove every element for judgment.

Rule 12(b)(6) Motion

Failure to state a claim; treated as summary judgment.

Rule 12(c) Motion

Judgment on pleadings; also treated as summary judgment.

Sanctions Motion

File after good faith attempt to confer with other party.

Rule 37(d) Sanctions

Directly file for sanctions if no response received.

Objection Requirement

Must state if materials are withheld due to objection.