HIRSCH/WARNE DISCOVERY CHEAT SHEET

HIRSCH/WARNE DISCOVERY CHEAT SHEET

FORM OF DISCOVERY FILE WITH COURT? No, if it is to a party Yes, if to a non-party TIME/ NUMBER LIMIT Completed by 30 days pre-trial SPECIAL NOTICE IF NONPARTY? Must make request for documents 10 days before service of subpoena on nonparty to allow them time to comply without the subpoena Cannot propound to nonparties USE TO GET EXPERT INFO? Only by subpoena for deposition or trial testimony SPECIAL REQUIREMENTS?

Subpeonas

Has new warning language q Attorney must sign q Must have afficavit to enforce nonappearance q Can be used to get documents from a nonparty q Must send copies to all parties q Valid within 150 miles of county of suit
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Interrogatories

No

Total of 25 Completed by 30 days pre-trial

NO

Can use 'discrete subparts', but each subpart counts as a question q Can ask who is going to testify q Can ask contention question and the facts supporting the contention q Answers and supplements must be verified q New verification language q New method of preventing disclosure of privileged information q Can ask 'connection to the case' of people
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HIRSCH/WARNE DISCOVERY CHEAT SHEET

with knowledge of relevant facts q 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 nonparty Only method to get expert information except by reports and depositions Must file a written response q If you receive one, your deadline for supplementing expert info is 120 days pre-trial q NO OBJECTION IS PERMITTED q Very specific things you can ask [R 194]
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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] q Level 2 - limited to 50 hours total time including crossexamination, but if more than 2 experts per side, then add'l 6 hours per expert q Anyone can file a Motion for Proteciton if they are affected by the discovery q 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
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HIRSCH/WARNE DISCOVERY CHEAT SHEET

Request for Production

Yes, unless it is a party

All No discovery completed 30 days pretrial

Can only be used to nonparty if in conjunction with subpoena, as above

Same deadlines for response q Must file written response q If originals are requested, responding party can keep originals while the other party inspects and copies q If requesting electronic or magnetic data, requesting party must specifically say so and identify how it is to be produced q If the data cannot be retrieved in that form, the proper response is an objection in compliance with the rules
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