FINAL MOVED TO WEDNESDAY 3.16
Handout #20- How not to write a notice of appeal
"No man is completely useless, he can always serve as a horrible example."
Review for Final
Start- p.219
• Discovery- cover lightly
• Discovery methods- know type and advantage/dis of each
• EX give two advantages and two disadvantages of interrogatories
• Privileges- Medical, Attorney Client, Work Product-the thoughts, impressions, and strategies of the attorney
• When privilege can be invaded- Substantial need- EX destructive testing,
• Clawback agreements
• Mutual disclosure rule 26- not in WA, and don't rely on it if you do. Why? They're not going to give you everything that's helpful to you. They will wait until last minute. You may not have time to depose. Not as helpful as it looks.
• Rule 37- motion to compel. Required meet and confer- Lawyers have to get together to see if they can resolve the dispute informally. Declaration regarding meet and confer must accompany motion.
• Depositions- adv/dis Read CR 30
EX Three roles in deposition- taking, defending, attending. Give example- Multi-party case where you are not the one who set the deposition or defending but merely sitting in.
• Copies of notice or subpoena must be sent to every party who has appeared before the court.
• Essays- Subpoenas and service of process, different, life liberty and property are not at stake to same degree as a Summons and Complaint. "Abode" not "usual abode"
• Subpoena duces tecum- SDT
• Depositions- client should NEVER- get mad, lie, volunteer info
• 3 important things to do when meeting a client for the first time.
• CR 31- 15/10/10
• Interrogatories- 3 C's Clear Cogent Concise
• Rogs- Only 30 days to answer, send to client the day you receive them.
➢ Always allow client to answer first.
• If you always tell the truth you have nothing to remember.
• Client statement might be ok, and will be more comfortable with it.
• Interrogatories Objections- Know all 6 p.286
➢ Rarest- Irrelevant "reasonably calculated to lead to...."
• CR 35 litigation only, IME- insurance
• 3 things you should caution your client against during at CR 35
• EX what is a better way to proceed then a motion to compel for a party that will not comply to a CR 35? Motion to dismiss
• CR 35 anytime a parties' physical or mental condition is at issue. P or D
• CR 35 in WA both parties have an absolute right to a copy of the CR 35 report
• CR 34 broader than documents- inspection premises, things
• 4 ways to get documents 30b(5) deposition, 45 STD, 33c rogs in lieu of answer (be careful, if you ID privileged documents you have waived privilege), CR 34
• All privileges can be invaded, and all can be waived (Grand Jury exception, cannot be waived)
• EX Should you review the documents you set the deposition? Depends on situation.
• Problems with requesting too many documents- overbroad requests
➢ Expensive & time consuming
• ESI- 2-3 questions, multiple choice
• Request to Admit- cannot be combined with any other discovery tools
• Why? RFA are read into record at trial
• 3 uses- facts, genuine-ness of docs, apply law to facts and EX of each
• 3 reasons for involving the client in early document production
➢ Faster- client knows where information is
➢ Chance to bond with client- TEAM mentality
➢ Get to know info- know what is out there that could hurt you and what's being edited
p 368+ more heavily covered
• Arbitration and Mediation
• Binding vs. Nonbinding-
➢ $ limits
➢ Selecting an arbitrator
• Demand packages
• Settlement agreements
• Releases- difference between general and partial and EX
• Dismissal- CR 41
➢ 4 ways a case can be dismissed p 382
• CR 12
• Court assumes dismissal is without prejudice. True
• Trial
➢ Exhibits- marking for ID/Evidence
➢ Judges have two times when documents can be moved from ID into evidence
• As it's being marked for ID
• All at the end
➢ Voir Dire- peremptory challenges, challenges for cause and EX of each
• 3 purposes, legitimate and not
• Testing for bias or prejudice
• To establish rapport
• To condition jury to your side
• 3 times you get to talk to jury
➢ Opening statement
➢ Closing argument
➢ Voir dire
• CR 45 Subpoena
➢ How it's used, why subpoena EVERYONE
• CR 45(c) no suitable age and discretion requirement
• Why don't you have to subpoena a party to trial?
➢ Notice to appear is sufficient CR 43(f)(1)
• Preparing Witnesses
• 3 things to bring to every trial
➢ Post its for seating chart
➢ Trial notebook
➢ A pen - anything intelligent is fine
• Purpose of opening statement
• Evidence rule 904
• Cross Examination flow of case
• Leading questions- 4 exceptions
• Jury instructions and misconduct
• Case in Chief
• p 432 Polling the Jury
➢ After Jury comes back, Judge can ask each Juror to identify how they voted
➢ Attorneys may discuss with Jurors why they voted the way they did
• May be searching for Jury misconduct issues
• Get feedback on performance
• Ensure accuracy
