February 16th Notes

Litigation Basics
February 16, 2010

NEWS
-Discovery Project Due Feb 25th
Midterm Results: Average 51.7
Need Local Rules this week
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Chapter 12  page 333

Document Organization
Document Production
-certain areas of the law have a lot of production, some do not
-sending documents early to the client is a good idea
-helps you get to know the client by doing them together
-schedule as soon as possible
-organization is a key factor

checklist on page 335 is good for huge production

Copying the Documents
-rarely do you need the original, the client usually does
-try to never release an original
-opposing side wants the documents that support the your client's side (different from book)

Numbering the Documents
-pull all the docs
-take out the privileged
-Bates stamped

-Bates numbering system
-document production log

3 stacks
1. responsive documents
    -ones to turn over
2. privileged documents
    -may be responsive but not to turn over
3. nonresponsive documents
    -this is from the client, no reason to have these

-DO NOT write on originals
    -make copies if you need them

Reviewing, Labeling, and Filing Documents before Removal


Organizing and Indexing the Documents After Production
-need to be prepared to find them at a moment's notice

Inspection of Property
-demand for inspections
    -need to make reasonable accommodations for owner
    -you can get court orders to get onto property that is not a party
        -Court Rule 45 subpoena the person who is not a party
            -make it much easier to get information you need

Chapter 12 Review Questions
1. Name three alternative methods for obtaining documents in addition to mutual disclosure and serving a request for documents?
2. What is a request for documents?
3. Explain the factors to be considered in deciding whether to serve the other party with a request for production of documents.
4. What are the three basic approaches to document production?
5. What are three categories of discoverable ESI?
6. Distinguish among the attorney client privilege, the work product privilege, and the common interest privilege.
7. Distinguish between the medical privilege and the confessor penitent privilege.
8. When should a confidentiality agreement or a protective order be sought?
9. What objections can be raised to a request for production of documents?
10. What procedures can be used to obtain an inspection of property?
11. What protocol has the court established for an onsite visit to obtain ESI?


Chapter 13
Request for Admissions
-can not use this until you know the case
    -do technically this is not discovery

-focus on things you have to prove
-do not waste on things that people do not contend
-(for project 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

 Tips to get there
-admit documents are real (deed, board of health ratings, licenses)
-duces tecum to bring documents

the more you admit the less I have to prove

Used to find:
1. Authenticating the Genuineness of Documents
2. Authenticating Certain Facts and Opinions
3. Authenticating the Application of the Law to Facts
    -law to shut down service, apply the law, cite sources

-when you admit the genuineness of a document, you do not admit
1. that it is admissible (still probably hearsay)
2. not an admission that the document is relevant
3. not an admission of truthfulness

-think about the questions you are asking and how they might answer
    -look at phrasing
-never ask a request to admit on an opinion
    -waste of time
    -getting them to admit facts that prove your opinion
    -make sure you are not seeking opinions

Drafting the Request
-get official information to have them admit

deemed admitted
-if you miss the deadline for request to admit it is very important
-if you do not answer, in 30 days, everything is deemed admitted
-was causing issues, lawyers were adding strange admissions to win the case and motions to set aside were choking the courts

Preliminary steps in drafting
-things that would make your case great if they admit
-expensive research to prove

(for project: make up anything you want, also applies to laws)

-use a form
-page 355 not like 354
-set up like a pleading
-identify parties

(does not like section F)
-what is favorable

Big Problems
-asking for opinions
-compound request to admit
    -1 per RTA
-for the project 10-12

each fact listed separately