2.16.11

2.16.11

Discovery Project Due Date Postponed to March 1st.

RTPs
• Extensions are common
• Documents you ask for must be specified with "reasonable particularity".
• In their possession OR control (of employee, accountant, agent, etc.).
• Why should you ask for documents early?
➢ Lost or misplaced
➢ Time to review
➢ More effective deposition
➢ Assess strengths and develop theories/defenses
➢ Evaluate claim value
➢ More work and expense
• Why should you wait to ask for documents?
➢ More focused

You may send documents in the manner in which they are ordinarily kept,
OR organized to correspond with the categories in the request. CR 34b

ESI Electronically Stored Information
-Duty to preserve

Work Product can be invaded if "substantial need" is shown.

Vague or Overbroad requests
- Objectionable

Confidentiality (party-party)/ Protective Orders (party-judge) CR 26c
- Trade Secrets
- Customer lists

MIDTERM REVIEW
Read questions carefully. Know what the question is actually asking for.
• Nothing from Ch. 1

Ch 2
• Know court system, where fed comes from (Article 3 Const.)
• Jurisdiction
➢ Subject/Personal- Examples
• Complete Diversity
• Eerie RR- the Eerie doctrine is designed to prevent forum shopping
• In rem/Quasi in rem/Minimum contacts (LAS)
• Motion to Quash/Special Appearance- Personal J may be waived.
• Cannot confer subject matter J to the court
• Venue

Ch 3
• Taking/Turning down a case
• Statute of Limitations- Tolling
• Claim Statutes- for suing govt entity
• Laches
• Triangle- Liability/Damages/Pocket
• Types of Billing- Hourly (divorce), contingency (personal injury), flat fee (adoption)

Ch 4
• Interviewing fact witnesses- how to approach
• Direct vs. circumstantial evidence
• ER 201 Judicial Notice (time saving)
• Relevancy ER 401
• Character vs. Habit
• Authentication/Self authentication ER 901/902
• Best Evidence Rule
• Experts- not just rocket scientists. Know 4 hallmarks
➢ Knowledgeable
➢ Persuasive
➢ 50/50 P and D
➢ In active practice

Ch 5
• Real party in interest (guardian ad litum w/ minor)
• Doe as placeholder for known defendant, with unknown name. Not Does 1-100.
• Injunctions
• Summons service

Ch 6
• Request for extension to RESPOND (not answer)
• 12b(1-7) Challenges
• Default Judgments
• Motion Practice- Dispositive & Speaking
• CR 6 Time and counting

Ch 7
• Motion to dismiss
• Motion for summary judgment
• Motion for more definite statement
• JNOV