Litigation in Federal Court
Discovery
Discovery Rules
FRCP 26: Discovery
(a): Mandatory Discovery
[1] Supportive witnesses
[2] Supportive documents
[3] Documents for damages
(b)(1): Scope and Limits
• Almost anything is discoverable so long as it is not disproportional or irrelevant.
• Proportionality: (BIRRIA)
[1] Burden > Benefit
[2] Importance of Issues
[3] Relative Access to Info.
[4] Resources
[5] Importance of Discovery in Resolving Issues
[5] Amount in Controversy
Work Product Doctrine
FRCP 26(b)(3)(A): Work Product Doctrine
• Things prepared in anticipation of litigation or for trial are not discoverable.
• Exception: documents that were otherwise discoverable, or the party shows they couldn’t obtain the information without undue hardship.
- Hickman v. Taylor (1947)
Electronically Stored Information (ESI)
FRCP 26(b)(2)(B): Limitations on ESI
• Parties are required to produce ESI unless it’s not reasonably accessible due to undue burden or cost.
- Exception: the request is:
[1] Good Cause
[2] Not duplicative
[3] No prior opportunity to request
[4] Within the scope
FRCP 37(e): Failure to Preserve ESI
• Remedies: the court may:
[1] cure the prejudice, or
[2] if the intent was to deprive another party:
[a] presume the information unfavorable,
[b] instruct the jury to presume it was unfavorable, or
[c] dismiss the case or order default judgment.
Other Methods of Discovery
Summary Judgment
FRCP 56: Summary Judgment
• A motion for Summary Judgment will be granted if:
(a): the movant shows:
[1] there’s no genuine dispute of material fact, and
[2] they’re entitled to judgment as a matter of law.
(b): the motion is filed at any time until 30 days after the close of all discovery.