Discovery Assignment Notes

This is a collection notes that Bruce mentioned about the project throughout the past few lectures.  Hope it helps make this assignment a little easier.

-Sarah
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Discovery Project
Due Feb 25th

1. Interrogatories
Draft a set of 25 initial interrogatories that test the support for key allegations or affirmative defenses

-Need to be concise and relevant
-Make each interrogatory questions count-Make questions about people, documents, prior issues, etc.
-No need for biographical background
-Remember to add 2 or 3 questions with contentions
    -"Since you contend, (insert something from their Pleadings to use), was there ..."
    -"If, so, please state all facts upon which you base your contentions."
    -The answers will always be yes since this information came from the pleading 

Form:
    -DO NOT DO IT LIKE THE BOOK!
    -just like pleadings heading says "Plaintiff Name First set of Interrogatories" instead of Answer of Complaint
    -Definitions and Instructions are Optional


2. Memo on Depositions
Draft a memo about parties/witnesses should be deposed

-Need to state why, what information they might possess, and why this is relevant to your theories
-Outline the areas your attorney should focus on
-Not just damages and obvious questions
-Just key sample questions and topics
-3-6 people that you want deposed

Form:
    -Memo 1-3 paragraphs to summarize the case
    -1/2 page on each person being deposed
   
3. Request to Produce
Obtain documents which you feel help establish the case

Form:
    -Checklist on page 335 is good
    -Set up like a pleading
    -Heading is not in the middle of the page!
    -Example on page 329

4. Request for Admission
Directed to areas of the case where facts can be established and eliminated

-Look for 6-10 issues that you need to learn
-Don't ask simple things, use ones that strengthen your defense
-What do you need to prove about your case?   
-Admit documents that are real (deed, board of health ratings, licenses)
-Never ask a request to admit on an opinion
-Also, make up anything you want, also applies to laws

Form:
    -page 355, not like page 354
    -Set up like a pleading
    -Identify parties, only one per RFA


Sidenote:
Interrogatories and the Request to Produce can be combined into one.  If the answer could be a document, make it a request to produce.

The Request for Admission must be freestanding.

Bruce generally does all the documents separately but there are no real advantages.  You can do either way for the assignment.