Question 1

What are the basic reasons discovery requests are objectionable under Rule 26(b)(1)? Explain each objection.

Accepted Answer

Irrelevant; work product; privileged; vague; ambiguous; unintelligible; unduly burdensome.
Irrelevant: A question is objectionable if its ultimate aim is to elicit evidence information that is not relevant to the issues in the case.
Privileged: A question that calls for information protected by the attorney-client, husband-wife, and like privileges is objectionable.
Work product (trial preparation materials): If a question calls for the mental impressions, conclusions, legal theories, and like matters related to the attorney's preparation for trial, it need
not be answered. Objectionable questions typically ask for the names of witnesses who will be called at trial and for the names and opinions of experts who are hired as consultants and not as trial witnesses. The work product objection, however, is often invoked too broadly and abused.
Vague, ambiguous, and unintelligible: Occasionally a question is so unspecific or worded so unclearly that it requires the answering party to guess at the meaning of the question. Such a
question is objectionable. This objection may also apply to the instructions.
Too broad: A question can be so inclusive that its limits are excessive. For example, a question calling for the names of all the documents gathered over the last twenty years pertaining to the incident in question is so sweeping in its coverage that it is overly burdensome, while also calling for irrelevant material. Questions requesting information covering an unduly lengthy time span are objectionable. The scope of the question must be reasonable.
Unduly burdensome: Paragraph (c) of Rule 26 allows a party to seek a protective order from unduly burdensome or expensive discovery requests. It is a valid objection to a particular interrogatory or an entire set of interrogatories. If a question or set of questions requires a response that is excessively detailed, costly, time-consuming, or embarrassing relative to the opponent's need for the requested information, then the question or set of questions is objectionable.

Question 2

Go to the law library, Westlaw, LEXIS, or an Internet-based Web site and find at least five federal or state court decisions that found specific kinds of discovery requests not discoverable. List these and return to class ready to report the cases and the types of requests that were denied by the court.

Accepted Answer

This answer will vary depending on the cases chosen by the student. This will give students further insight into what the limits to discovery are under both federal and state rules. Because students are likely to come back with different cases, this assignment can serve as the basis for a good class discussion while providing students with good case references.

Question 3

What are the basic procedures that must be followed when utilizing interrogatories? What are the specific steps in planning a set of interrogatories?

Accepted Answer

A significant step in the planning of interrogatories is determining what information suitable for interrogatories is needed from the opponent. Ultimately the attorney will decide this issue, but you
will often have responsibility for initiating the work. The following steps provide a guideline for this task:
(a) Keep the task clearly in mind, noting any special directions. In this case the task is to draft interrogatories to be submitted to Mercury Parcel Service.
(b) Review the case file including the pleadings and any other documents exchanged, as well as information obtained through informal investigation. Note areas that need clarification or more information. Review the complaint, answer, and counterclaim found in Chapters 4 and 6. Also review the information obtained in the informal investigation stages found in Chapter 3.
(c) Review or determine the elements of the cause of action according to the method outlined in
Chapter 3. Also, know the elements of any alleged defense and counterclaim. Review the broad goals to be accomplished against the defendant at trial.

Question 4

List and define the seven discovery devices set out in the Federal Rules of Civil Procedure.

Accepted Answer

The answer of List and define the seven discovery devices...

Question 5

In both the ethics and discovery sections of your systems folder, place your own restatement of the ethical principles covered in this chapter, and cite the pertinent ethical rules.

Accepted Answer

The answer of In both the ethics and discovery sections...

Question 6

Drawing from the discussion on the scope and limitation of disclosure and discovery plus the pertinent rules of evidence discussed in Chapter 3, indicate whether the following would be discoverable in the Ann Forrester case. If an item would be discoverable only on a showing of undue hardship, indicate that as well. The first item is completed for you as an example. D = discoverable, ND = not discoverable, R = reason not discoverable, E = exceptional circumstances, H = undue hardship.

Accepted Answer

The answer of Drawing from the discussion on the scope...

Question 7

What are the steps to be followed in preparing answers to interrogatories?

Accepted Answer

The answer of What are the steps to be followed...

Question 8

Drawing from the interrogatory section of the chapter and any information added in class, draft a checklist for answering interrogatories and place it in your systems folder. The checklist should cover the basic steps and techniques for preparing, drafting, serving, and updating interrogatories.

Accepted Answer

The answer of Drawing from the interrogatory section of the...

Question 9

What must be disclosed under initial disclosure? "Pretrial" disclosure? When must objections to the disclosure of any item occur?

Accepted Answer

The answer of What must be disclosed under initial disclosure?...

Question 10

What kinds of information lend themselves to exploration through interrogatories?

Accepted Answer

The answer of What kinds of information lend themselves to...

Question 11

What are the typical divisions of and types of questions that make up a set of interrogatories?
Explain their usefulness.

Accepted Answer

The answer of What are the typical divisions of and...

Question 12

What are interrogatories, and their purpose and advantages? What federal and state rules govern interrogatories? What is the limit on the number of interrogatories for federal and your state practice?

Accepted Answer

The answer of What are interrogatories, and their purpose and...

Question 13

What reason is permitted for not producing some requested electronically sorted information under
Fed. R. Civ. P. 26(b)(2)(b)?

Accepted Answer

The answer of What reason is permitted for not producing...

Question 14

What are the important ethical rules that apply to discovery? What is their significance?

Accepted Answer

The answer of What are the important ethical rules that...

Question 15

Assume that you are the paralegal whose firm is representing Carl Ameche in Case II, the campground fire case. Draft answers to several of the questions in the sample set of interrogatories (Exhibit 7.11). Also practice objections and how to respond when unsure of your information in your answers. Alternatively, answer your own interrogatories for practice and to evaluate the quality of your interrogatories. Use the requirements set out in the preceding paragraphs.

Accepted Answer

The answer of Assume that you are the paralegal whose...

Question 16

Define the term discovery and describe its purposes in the context of litigation practice.

Accepted Answer

The answer of Define the term discovery and describe its...

Question 17

In general, what kinds of information must be provided under the federal disclosure rule and under your state rule? How does your state rule differ from the federal rule?

Accepted Answer

The answer of In general, what kinds of information must...

Question 18

What is the function of a preservation letter? What are its benefits? What makes a good preservation letter?

Accepted Answer

The answer of What is the function of a preservation...

Question 19

When must mandatory disclosure occur? What must occur before an opposing party can depose an expert under this rule?

Accepted Answer

The answer of When must mandatory disclosure occur? What must...

Question 20

What is the scope of discovery as defined by Federal Rule 26(b) and parallel state rules? Has your state adopted the Federal Rules of discovery? If so, cite the statute or rule numbers.

Accepted Answer

The answer of What is the scope of discovery as...

Quiz 7: Discovery and Electronic Discovery: Overview and Interrogatories