March 9th Notes

Litigation Basics
March 9, 2010

NEWS
Discovery Average 62.2
Brief Average 44.2 

Tomorrow
-Bruce will be on the Google Groups Webpage to answer questions between 6-9pm
He will be available through email at his home address and cell phone.

http://groups.google.com/group/uwparalegal?hl=en
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Final
T/F 6 for 10 pts
Short Answer 24 for 59 pts
Multiple Guess 7 for 14 pts
Essay (short) 5 for 17 pts
Extra Credit Multiple Choice 4

Bring all 3 books
-bring all handouts

Next Semester
No textbook for Complex Litigation
    -1st, 14th amendment, tort, contract, bankruptcy
    -new subject every night
    -no homework
    -midterm is take-home
    -Wednesday nights

Review
ESI
-not essays
-just read the notes from that night
-nothing really from the book

Chapter 8
-purposes of discovery
-228  scope
-230 limits

Chapter 9
-specific questions about depositions
-Court Rule 30 state and federal
    -read it over before the exam
-subpoenas Court Rules 45
-preparing client for deposition
    -why?
-260 things you can do during the deposition
-263 various kinds of deposition summaries, likes page line

Chapter 10
-270 know general interrogatories
-Court rule 33 read it
-discrete subparts, understand them
-objections to interrogatories

Chapter 11
-Court Rule 35
-really covered this already
-ER 702 using a CR35 to obtain an expert for trial
    -schedule a CR35 while getting a ER702
    -kills 2 birds with one stone, solving evidence rule with 702 and getting our CR35 physical exam
-compulsory
-CR35 and IME differences

Chapter 12
-CR 34 read and know
-313 4 ways to get documents
    -requests to produce, interrogatories in lei of an answer, subpoena duce tecum, deposed
-interrogatories can produce papers rather than information
    -can not say to produce records in the rogs though but the other party can produce the documents if they want to instead of answering, this is why you follow it up with request to produce
    -CR33(c)
-can not ask to produce everything that is relevant
-what is the major drawback for an overbroad request to produce documents
    -overbroad issue
    -end up with way too many documents, expensive, hours reviewing documents
    -they might reject it and bother the judge about it
        -motion to compel, meet and confer, time in court is added
        -you pay for photocopies
-advantages of client involved request to produce early
    -establishes report, do not inconvenience client, client does not know what is relevant, extensions not needed

Chapter 13
-admissions
    -3 times you can use: apply law to the facts (admit landlord tenant act controls this case), getting admission of facts, getting admission that documents were genuine
-we don't want to spend a lot of time at court, we want to admit it 
    -things that you have to prove to show your case
-admitting a doc is genuine does not mean it is truthful
351-can still object to admissibility, relevance and truthfulness (all are separate)
353-WA is a deemed admitted state?  yes same with the pleadings if you do not deny something it is true

Chapter 14
-questions on settlements not a lot since there was the assignment
380 settlement releases
    -2 kinds global vs. partial
    -paragraph on differences
    -mutual is both parties have something to release like counterclaim
        -mutual are either partial or general
-know dismissals
-CR41 know it
    -review the major rules mentioned in the notes
RULES 30, 33, 41, 45
-ADR questions
    -mandatory arbitration rules (questions on king county)
        -state rules then local rules, how do they differ
Arbitration Rules
State Rules 4.2-7.3
Local Rules 2.3, 3.1, 4.2
-Mediation vs. arbitration
-nothing on the summary benches and trial
-binding vs. non-binding  (no de novo)  Right to trial
(no appeal all done) vs. (right to trial)
-no baseball arbitration no mini trial, nothing like that

Chapter 15
-preparation for trial
399 -CR15 amending the pleadings only once with permission of court or written consent of other party
-trial notebook (what 6 most important things in trial notebook)
CR45 preparing witnesses
-due process question somewhere
-general witness preparation
-enlarged exhibits?  Why?
3 hallmarks of effective exhibits are: evaluating documents as trial

admitted doc vs demonstrative evidence
(admitted is evidence) vs (only illustrative purposes)
quotes are better than paraphrasing
3 reasons to visit courthouse before trial

-jury trial or bench trial
    -considerations better off with bench trial (better in front of judge than jury)
-mock jury, shadow jury
-jury of 6 unless you ask for 12
-how to choose a jury
-ER904 purpose of this rule : to speed up trial, judicial resources, if there are no objections to the evidence
-breath and scope of the exam that proceeded it
    -cross not on new topics
        -only on topics of direct no matter how bad things are omitted
        -remedy call as part of case in chief
            -then take her on direct
                -can lead on direct? Yes because hostile witness
                    -the redirect is then limited nothing new
-jury misconduct know,
quotient verdict vs chance verdict
    -both jury misconduct
    -chance jury decide on flip of coin, random event
    -quotient all agree but on different amounts then add up and divide, average of everyone's idea on proper outcome
    (all verdicts are quotient verdicts) they are because there are 12 of them with differing opinions, they discuss that difference of money damages
    -they must agree on the number not just the average only permissible when all 12 agree on #

Chapter 16
-lightly tested
-look up rules on appeals
-appeal bonds and know those
    -supersedas bond, appeal bonds
8.1 appellate rule
    -time lines,
    -notice of appeal 445
-post trial
-writ of execution
-garnishment

Extra Questions
Bonds
-supersedas vs appeal

-appeal: attorney fees and costs and interests, in order to file an appeal you need to be able to cover all the costs if it loses
    - the bond can be canceled when you win

-supersedas: judgment stayed, you dont want them collecting on the judgment (as early as 10 days)
    -they will stop the enforcement, provided you post the bond (twice the size of judgment)
    -the winner wants their money now not later
    -prevents the appeal from improper appeal filing

Rather have bench than jury
    -elvira plotts type one
    -farmer in a rural town
    -metro bus mediation brief
    -bank robbery