| FORM OF DISCOVERY |
FILE WITH COURT? |
TIME/NUMBER LIMIT |
SPECIAL NOTICE IF NON-PARTY? |
USE TO GET EXPERT INFO? |
SPECIAL REQUIREMENTS? |
| Subpeonas |
No, if it is to a party
Yes, if to a non-party |
Completed by 30 days pre-trial |
Must make request for documents 10 days before service of subpoena on non-party to allow them time to comply without the subpoena |
Only by subpoena for deposition or trial testimony |
Has new warning language
Attorney must sign
Must have afficavit to enforce non-appearance
Can be used to get documents from a non-party
Must send copies to all parties
Valid within 150 miles of county of suit
|
| Interrogatories |
No |
Total of 25
Completed by 30 days pre-trial |
Cannot propound to non-parties |
NO |
Can use 'discrete subparts', but each subpart counts as a question
Can ask who is going to testify
Can ask contention question and the facts supporting the contention
Answers and supplements must be verified
New verification language
New method of preventing disclosure of privileged information
Can ask 'connection to the case' of people with knowledge of relevant facts
New definitions of work product [R 192.5]
|
| Request for Disclosure |
No |
Must propound no later than 60 days before trial |
Cannot propound to a non-party |
Only method to get expert information except by reports and depositions |
Must file a written response
If you receive one, your deadline for supplementing expert info is 120 days pre-trial
NO OBJECTION IS PERMITTED
Very specific things you can ask [R 194]
|
| Depositions |
No, if to a party
Yes, if notice is to a non-party |
Level 1 & Level 2 have time limits Must be completed by 30 days pre-trial |
Must provide copy of notice and subpoena to all parties |
Yes |
Level 1 - limited to 6 hours total [can Rule 11 for up to 10 total hours]
Level 2 - limited to 50 hours total time including cross-examination, but if more than 2 experts per side, then add'l 6 hours per expert
Anyone can file a Motion for Proteciton if they are affected by the discovery
If M/Protection filed within 3 business days of notice the deposition is stayed - otherwise, IT IS NOT STAYED by the filing of a M/Protection
|
| Request for Production |
Yes, unless it is a party |
All discovery completed 30 days pre-trial |
No |
Can only be used to non-party if in conjunction with subpoena, as above |
Same deadlines for response
Must file written response
If originals are requested, responding party can keep originals while the other party inspects and copies
If requesting electronic or magnetic data, requesting party must specifically say so and identify how it is to be produced
If the data cannot be retrieved in that form, the proper response is an objection in compliance with the rules
|