Information Sheet No. 5 Discovery
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The Shadow Rules of Joinder
Brooklyn Law School BrooklynWorks Faculty Scholarship 2012 The hS adow Rules of Joinder Robin Effron Brooklyn Law School, [email protected] Follow this and additional works at: https://brooklynworks.brooklaw.edu/faculty Part of the Other Law Commons Recommended Citation 100 Geo. L. J. 759 (2011-2012) This Article is brought to you for free and open access by BrooklynWorks. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of BrooklynWorks. The Shadow Rules of Joinder ROBIN J. EFFRON* The Federal Rules of Civil Procedure provide litigants with procedural devices for joining claims and parties. Several of these rules demand that the claims or parties share a baseline of commonality, either in the form of the same "transactionor occurrence" or a "common question of law or fact." Both phrases have proved to be notoriously tricky in application.Commentators from the academy and the judiciary have attributed these difficulties to the context- specific and discretionary nature of the rules. This Article challenges that wisdom by suggesting that the doctrinal confu- sion can be attributed to deeper theoretical divisions in the judiciary, particu- larly with regardto the role of the ontological categories of "fact" and "law." These theoretical divisions have led lower courtjudges to craft shadow rules of joinder "Redescription" is the rule by which judges utilize a perceived law-fact distinction to characterizea set of facts as falling inside or outside a definition of commonality. "Impliedpredominance" is the rule in which judges have taken the Rule 23(b)(3) class action standard that common questions predominate over individual issues and applied it to other rules of joinder that do not have this express requirement. -
GLOSSARY of LEGAL TERMS Ad Damnum
GLOSSARY OF LEGAL TERMS Ad damnum: The technical name of the clause in the complaint that contains a statement by the plaintiff of the amount of the damages he/she is claiming. Additur: The opposite of Remittitur. An increase in an award by the Judge done in the Court's discretion if he or she feel the Jury's judgment is inadequate. Adjudicate: To settle in the exercise of judicial authority; to determine finality. Admissions: Confessions, concessions, or voluntary acknowledgment made by a party of the existence of certain facts. Affiant: The person who makes and subscribes an affidavit. Affidavit: Sworn statement of a witness, which is verified by a Notary Public. Affirmative Defense: A defense that must be specifically pled by the defendant to be asserted at trial. If such a defense is not raised in the answer, it is waived. An example of an affirmative defense is contributory negligence, assumption of the risk, etc. Appellant: The party who takes an appeal from one court or jurisdiction to another in the interest of setting aside or reversing the judgment. Appellee: The party in a case against whom an appeal is taken, that is, the party who has an interest adverse to setting aside or reversing the judgment (some times called the respondent). Arbitration: Alternative dispute resolution in which the case is decided by an arbitrator or panel of arbitrators, usually experienced attorneys, former judges, or administrative law judges. The case is decided after an informal hearing. Arbitration is almost always binding. Assumption of the Risk: This is an affirmative defense. -
Trial Process in Virginia
te Trial Process In Virginia A Litigation Boutique THE TRIAL PROCESS IN VIRGINIA table of contents Overview . .3 Significant .MOtiOnS .in .virginia . .4 . Plea .in .Bar . .4 . DeMurrer. .5 . craving .Oyer . .5 Voir .Dire . anD .Jury .SelectiOn .in .virginia . .6 OPening .StateMent . .8 the .receiPt .Of .e viDence . .10 MOtiOnS .tO .Strike . the .eviDence . .12 crOSS-exaMinatiOn . .14 clOSing .arguMent. .15 Jury .inStructiOnS . .17 Making .a .recOrD .fOr .aPP eal . .17 tiMe .liMitS .fOr .nO ting .anD .Perfecting . an .aPPeal . .18 key .tiMe .liMit S .fOr . the .SuPreMe .cOurt .Of .virginia . .19 THE TRIAL PROCESS IN VIRGINIA overview The trial of a civil case in Virginia takes most of its central features from the English court system that was introduced into the “Virginia Colony” in the early 1600s. The core principles of confrontation, the right to a trial by one’s peers, hearsay principles and many other doctrines had already been originated, extensively debated and refined in English courts and Inns of Court long before the first gavel fell in a Virginia case. It is clearly a privilege to practice law in the historically important court system of the Commonwealth of Virginia, and everyone who “passes the bar” and earns the right to sit inside the well of the court literally follows in the footsteps of such groundbreaking pioneers as Thomas Jefferson, George Mason, George Wythe, John Marshall, Lewis Powell and Oliver Hill. However, this booklet is not designed to address either the history or the policy of the law, or to discuss the contributions of these and other legal giants whose legacy is the living system that we enjoy today as professional attorneys. -
Lnstructions / Discraimer Documents, Or the Comprehensiveness of The
REQuEsrFoR PRoDUcloN oF DocuMENTs- lnstructions / Discraimer Once a civillawsuit is commenced,a pafi is permittedto seekto obtaininformation relevant to the lawsuitabout other parties to the suit, during the fact-findingpnase Ueioretrial called !is9o1eV. Generalprovisions goveming Discoverylre found in Rul-eZO ot tne NevadaRules of CivilProcedure ('NRCP"). ln general,pirties mayobtainDiscovery about any matterwhich is relevantto the subjectmatter involved in the pendingaction, so long as the informationis privileged. not Informationabout each of thedifferent Disc.-overy tools avaiiable to partiesto a tawsuit, andhow they may be used,can be foundin NRCp30 thr;ugh36. Requestfgr Productionof Documentsis a discoverytool encompassed in Rule 34, and allows any partyto serve upon any other partya requestto producereievant documents. The party makingthe request(or someoneacting on the requesiingparty's behalf) is permittedto inipeit and copyany designateddocuments. "Documenis" include writings, drawings, graphs, charts, photographs,phonorecords, and otherdata compilationsfromwhicliinformatioi Gn 6e obtained, translated,if necessary,by the respondingparty through detection devices into reasonably usable form. Requestfor Productionof Documentsmay be served upon tfe plaintiffafter the lawsuitis commenced;and uponany other pafi onlyat the timeof or afterthat party is servedwith the summonsand complaint. The party upon whom the Request is served is ihen required to provide a wriftenresponse within thirty (30) days afterservice of the Request.A shorteror longertime may be orderedby the Courtor, in absenceof a Courtorder, agieed to by writtenstipul-ation of the parties,so longas the timeby whichresponse is extendeddoes not interferewit'h any time setfor completionof discovery(see, Rule29). Thepafi reguestingthatdocumenb be copied must pay the reasonablecost therefor, andthe Courtmay direct the respondingparty to lopy the documents. -
Motion for Stay of Discovery
Case 2:18-cv-00907-KOB Document 28 Filed 11/02/18 Page 1 of 5 FILED 2018 Nov-02 PM 04:12 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION LAKEISHA CHESTNUT, et al., ) ) Plaintiffs, ) ) vs. ) CASE NO. 2:18-CV-00907-KOB ) JOHN H. MERRILL, ) ) Defendant, ) ) DEFENDANT SECRETARY OF STATE’S (OPPOSED) MOTION TO STAY DISCOVERY Defendant, Secretary of State John H. Merrill, respectfully requests a stay of all parties’ discovery obligations until the Court resolves the validity of Plaintiffs’ complaint. Secretary Merrill has filed a Motion for Judgment on the Pleadings arguing that Plaintiffs’ claims should be dismissed because jurisdiction lies with a three-judge court, because Plaintiffs have failed to plead facts demonstrating a proper remedy, and because Plaintiffs claims are barred by laches. When such a motion is pending, Circuit law compels a stay to guard against the “significant costs” of unwarranted discovery requests. Chudasama v. Mazda Motor Corp., 123 F.3d 1353, 1367 (11th Cir. 1997). Counsel for Defendant have consulted with counsel for the Plaintiffs, and Plaintiffs oppose this motion. Case 2:18-cv-00907-KOB Document 28 Filed 11/02/18 Page 2 of 5 I. Background Eight years after the last census and two years before the next one, Plaintiffs brought this action claiming that Alabama must re-draw its seven congressional districts to include a second majority-black district. See doc. 1. Secretary Merrill moved to dismiss when Plaintiffs failed to allege that they would reside in a re- configured majority-black district, see doc. -
4:04-Cv-03384-RGK-CRZ Doc # 450 Filed: 03/11/09 Page 1 of 10
4:04-cv-03384-RGK-CRZ Doc # 450 Filed: 03/11/09 Page 1 of 10 - Page ID # <pageID> IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA CINDY AVILA, individually and as ) 4:04CV3384 Personal Representative of the Estate ) of Steven Avila, Deceased, et al., ) ) Plaintiffs, ) MEMORANDUM v . ) AND ORDER ) CNH AMERICA, LLC, et al., ) ) Defendants. ) This matter is before the court on the plaintiffs’ “motion for reconsideration and for relief pursuant to Fed. R. Civ. P. 59(e) and 60(b)(1)-(2) with request for oral argument” (filing 385). The motion is filed with respect to the court’s memorandum and order entered on January 2, 2009 (filing 382), which granted summary judgment in favor of one of the defendants, Cargill, Incorporated, and also with respect to the court’s judgment entered that same date (filing 383), which dismissed the plaintiffs’ action against Cargill with prejudice. The plaintiffs argue that additional evidence was discovered during Cargill’s corporate deposition on December 9-10, 2008, which makes the granting of summary judgment inappropriate. Alternatively, the plaintiffs argue that they at least should be permitted to complete the corporate deposition, and to depose a former Cargill employee. The plaintiffs also argue that there is a genuine issue as to whether Cargill should have known of the contamination at the Engleman Road facility because, as a manufacturer of chemical pesticides, it should be charged with constructive knowledge of a 1983 study report cited by the plaintiffs’ expert that concerns groundwater contamination caused by the dumping of chlorinated solvents. -
Misc. Docket No. 20-9153 ════════════════════
IN THE SUPREME COURT OF TEXAS ════════════════════ Misc. Docket No. 20-9153 ════════════════════ ════════════════════════════════════════════════════ FINAL APPROVAL OF AMENDMENTS TO TEXAS RULES OF CIVIL PROCEDURE 47, 99, 169, 190, 192, 193, 194, 195, 196, 197, AND 198 ════════════════════════════════════════════════════ ORDERED that: 1. On August 21, 2020, in Misc. Dkt. No. 20-9101, the Court preliminarily approved amendments to Rules 47, 169, 190, 192, 193, 194, and 195 of the Texas Rules of Civil Procedure to comply with Act of May 27, 2019, 86th Leg., R.S., ch. 696 (SB 2342), and invited public comment. Following public comment, the Court made revisions to those rules and also revised Texas Rules of Civil Procedure 99, 196, 197, and 198. This Order incorporates the revisions and contains the final version of the rules, effective January 1, 2021. 2. The amendments apply to cases filed on or after January 1, 2021, except for those filed in justice court. The rules amended by this Order continue to govern procedures and limitations in cases filed before January 1, 2021. 3. The Clerk is directed to: a. file a copy of this Order with the Secretary of State; b. cause a copy of this Order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal; c. send a copy of this Order to each elected member of the Legislature; and d. submit a copy of the Order for publication in the Texas Register. Dated: December 23, 2020 Nathan L. Hecht, Chief Justice Eva M. Guzman, Justice Debra H. Lehrmann, Justice Jeffrey S. Boyd, Justice John P. -
Initial Stages of Federal Litigation: Overview
Initial Stages of Federal Litigation: Overview MARCELLUS MCRAE AND ROXANNA IRAN, GIBSON DUNN & CRUTCHER LLP WITH HOLLY B. BIONDO AND ELIZABETH RICHARDSON-ROYER, WITH PRACTICAL LAW LITIGATION A Practice Note explaining the initial steps of a For more information on commencing a lawsuit in federal court, including initial considerations and drafting the case initiating civil lawsuit in US district courts and the major documents, see Practice Notes, Commencing a Federal Lawsuit: procedural and practical considerations counsel Initial Considerations (http://us.practicallaw.com/3-504-0061) and Commencing a Federal Lawsuit: Drafting the Complaint (http:// face during a lawsuit's early stages. Specifically, us.practicallaw.com/5-506-8600); see also Standard Document, this Note explains how to begin a lawsuit, Complaint (Federal) (http://us.practicallaw.com/9-507-9951). respond to a complaint, prepare to defend a The plaintiff must include with the complaint: lawsuit and comply with discovery obligations The $400 filing fee. early in the litigation. Two copies of a corporate disclosure statement, if required (FRCP 7.1). A civil cover sheet, if required by the court's local rules. This Note explains the initial steps of a civil lawsuit in US district For more information on filing procedures in federal court, see courts (the trial courts of the federal court system) and the major Practice Note, Commencing a Federal Lawsuit: Filing and Serving the procedural and practical considerations counsel face during a Complaint (http://us.practicallaw.com/9-506-3484). lawsuit's early stages. It covers the steps from filing a complaint through the initial disclosures litigants must make in connection with SERVICE OF PROCESS discovery. -
Request for Production of Documents
1 SELARZ LAW CORP. DANIEL E. SELARZ (State Bar No. 287555) 2 [email protected] 11777 San Vicente Blvd., Suite 702 3 Los Angeles, California 90049 Telephone: 310.651.8685 4 Facsimile: 310.651.8681 5 Attorneys for Plaintiff(s), [CLIENT’S NAME(S)] 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF [COUNTY ], [DISTRICT] 9 10 [PLAINTIFF(S)], an individual, Case No. [ ] Honorable [ ] 11 Plaintiff, [Dept. [#]] . vs. 12 PLAINTIFF’S REQUESTS FOR ORP [DEFENDANT(S)], and DOES 1 to [#], PRODUCTION OF DOCUMENTS, C 13 inclusive, SET ONE Blvd., Suite 702 AW 14 Defendants. L Action Filed: [ ] 15 Trial Date: [ ] Los Angeles, California 90049 California Angeles, Los 11777 San Vicente Vicente San 11777 ELARZ 16 Tel: 310.651.8685 • Fax: 310.651.8681 Fax: • 310.651.8685 Tel: S PROPOUNDING PARTY : PLAINTIFF [CLIENT’S NAME] 17 RESPONDING PARTY : DEFENDANT [DEFENDANT’S NAME] SET NUMBER : ONE 18 19 PLAINTIFF [CLIENT’S NAME] (“PLAINTIFF”), requests that Defendant 20 [DEFENDANT’S NAME] (“DEFENDANT”) identify, produce and permit the inspection 21 and copying of the following DOCUMENTS and things, pursuant to California Code of 22 Civil Procedure Section 209.010. PLAINTIFF requests that the following Documents and 23 things be identified, produced and made available for inspection and copying at the law firm 24 of Selarz Law Corp., located at 11777 San Vicente Blvd., Suite 702, Los Angeles, California 25 90049. Alternatively, there may be full compliance with this request by forwarding copies 26 of the items requested herein directly to Selarz Law Corp. If the Defendant chooses to 27 produce the items requested at the office of counsel for PLAINTIFF rather than mail copies, 28 a telephone call or other notice should be provided no less than three (3) days ahead of time 1 PLAINTIFF’S REQUEST FOR PRODUCTION, SET ONE 1 so that definite arrangements can be made for someone to be present to conduct the 2 duplication and have the appropriate equipment available. -
Illinois Civil Practice Guide
Practice Series Illinois Civil Practice Guide Andrew W. Vail Colleen G. DeRosa © 2012 JENNER & BLOCK LLP ALL RIGHTS RESERVED www.jenner.com ABOUT JENNER & BLOCK Founded in 1914, Jenner & Block is a national law firm of approximately 450 attorneys. Our Firm has been widely recognized for producing outstanding results in corporate transactions and securing significant litigation victories from the trial level through the United States Supreme Court. Companies and individuals around the world trust Jenner & Block with their most sensitive and consequential matters. Our clients range from the top ranks of the Fortune 500, large privately held corporations and financial services institutions to emerging companies, family-run businesses and individuals. OFFICES 353 North Clark Street 633 West Fifth Street, Suite 3500 Chicago, Illinois 60654-3456 Los Angeles, California 90071 Firm: 312 222-9350 Firm: 213 239-5100 Fax: 312 527-0484 Fax: 213 239-5199 919 Third Avenue, 37th Floor 1099 New York Avenue, N.W., Suite 900 New York, New York 10022-3908 Washington, D.C. 20001-900 Firm: 212 891-1600 Firm: 202 639-6000 Fax: 212 891-1699 Fax: 202 639-6066 © 2012 Jenner & Block LLP. This publication is not intended to provide legal advice but to provide general information on legal matters. Transmission is not intended to create and receipt does not establish an attorney- client relationship. Readers should seek specific legal advice before taking any action with respect to matters mentioned in this publication. The attorney responsible for this publication is Andrew W. Vail. ATTORNEY ADVERTISING 1 AUTHOR INFORMATION Andrew W. Vail is a partner in Jenner & Block’s Litigation Department and a member of the Firm’s Complex Commercial and Antitrust Litigation Practice Groups. -
Drafting and Issuing Discovery Subpoenas: Washington, Practical Law State Q&A
Drafting and Issuing Discovery Subpoenas: Washington, Practical Law State Q&A... Drafting and Issuing Discovery Subpoenas: Washington by John S. Devlin III and Bryan Taylor, Lane Powell PC, with Practical Law Litigation Law stated as of 18 Nov 2019 • United States, Washington A Q&A guide to drafting, issuing, serving, and enforcing a discovery subpoena in a Washington civil proceeding. This Q&A addresses the state statutes and rules governing discovery subpoenas, the types of discovery subpoenas available, the requirements for drafting and serving a discovery subpoena, and the methods of enforcing a discovery subpoena. Answers to questions can be compared across a number of jurisdictions (see Drafting and Issuing Discovery Subpoenas: State Q&A Tool). Overview of Discovery Subpoenas Drafting a Discovery Subpoena Serving a Discovery Subpoena Witness Fees Enforcing a Discovery Subpoena Appealing a Court Decision on a Discovery Subpoena Overview of Discovery Subpoenas 1. What are the laws or rules in your jurisdiction that generally govern subpoenas to non-party witnesses in discovery? The primary body of law governing subpoenas in Washington is the Washington Superior Court Civil Rules. The rules relating to subpoenas are: • Wash. Super. Ct. Civ. R. 30 (oral depositions, subpoenas for depositions). • Wash. Super. Ct. Civ. R. 31 (written depositions, subpoenas for depositions). • Wash. Super. Ct. Civ. R. 37 (motions to compel and sanctions). • Wash. Super. Ct. Civ. R. 45 (subpoenas generally). © 2020 Thomson Reuters. No claim to original U.S. Government Works. 1 Drafting and Issuing Discovery Subpoenas: Washington, Practical Law State Q&A... The following provisions of the Washington Revised Code also govern subpoenas: • RCW 2.43.010 to 2.43.090 (providing for interpreters for non-English speaking persons served with subpoenas). -
Monday, April 19, 2021 AMADOR SUPERIOR COURT LAW AND
AMADOR SUPERIOR COURT LAW AND MOTION TENTATIVE RULINGS Monday, April 19, 2021 TO REQUEST A HEARING ON ANY MATTER ON THIS CALENDAR, YOU MUST CALL THE COURT AT (209) 257-2692 BY 4:00 P.M. ON THE DAY PRECEDING THE HEARING. NOTICE OF THE INTENTION TO APPEAR MUST ALSO BE GIVEN TO ALL OTHER PARTIES. IF THE CLERK IS NOT NOTIFIED OF A PARTY’S INTENTION TO APPEAR, THERE WILL BE NO HEARING AND THE TENTATIVE RULING WILL BECOME THE ORDER OF THE COURT. NO FURTHER NOTICE OF THE COURT’S RULING WILL BE PROVIDED. 19-CVC-11140 LAFRANK, ERICA VS. ATT CORP MOTION TO AMEND COMPLAINT TENTATIVE RULING: Plaintiff’s Motion for Filing of First Amended Complaint is DENIED. CRC 3.1324(b) provides, in relevant part, “A motion to amend a pleading for trial must be accompanied by a separate declaration and that declaration must specify (3) When the facts giving rise to the amended allegation were discovered; and, (4) The reasons why the request for amendment was not made earlier”. (CRC 3.1324(b)(3) and (4).)(Emphasis added.) Plaintiff’s supporting declaration indicates Plaintiff completed the deposition of Defendant LEITING on June 16, 2020 and that such deposition was delayed by the Covid-19 crisis. (Decl. Lally ¶ 16.) Presumably, the June 16, 2020 date is when the facts giving rise to the amended allegation were discovered, but that is not clear from the declaration. Further, Plaintiff gives no explanation as to why the request for amendment was not made sooner , as the instant motion was not filed until April 9, 2021, nearly ten (10) months after LEITING’s deposition.