Chapter 7
Civ Pro
Discovery

1. a. a. In davis it was relevant because they needed the information to prove that the company did discriminate. b. In Steffan it was not relevant because he already admitted to being Homosexual. 2. Yes he must answer this time because his sexual conduct has something to do with what he is being tried for. 3. c. In Davis they used Fed. Civ proc. 26 (b)(1) stating that the complaints of discrimination may be relevant to establish pretext. i. In Steffan he argued Rule 37 which states that failure to comply to the discoverable rule his actions would be dismissed. But no sanction may be held if it was an error of law. d. Court of appeals? e. How did he reach the appellate? f. That the power of the district court is easily overruled. 4. Barbaras bank account is not discoverable 5. Yes it is discoverable 6. Yes discoverable

Notes:

1. No she does not violate any law. 2. The court felt like Silverstis was securing an advantage by simply ignoring his duty. a. The law suit still shouldn’t proceed b. No it would not be fair 3.

26(a) automatic disclosure Discovery request Protective orders Expert info Sanction

We are dealing with Discovery request 26b you can get to the subject matter
What is relevant? Relevant has to be based on the underlying law.

Motion to compel

Notes for 472

1.

Jan 14

Discoverable information

1. Relevant 2. Not privileged 3. Not otherwise protected

Rule 37 C1 If you fail to disclose

Inherent authority for sanctioning someone who destroyed evidence

Note 1 pg 468

1. Not necessary foreseeable, some degree of fault

472 note 1

1. Name, address, (not disclose poor driving record and current employment status) You just show your hand for 26a1 a. Focus on the pleading

1/16

26c Witholding informations

473 Notes

2. Yes you do have to tell them about your experts. Experts still need to look at the documents.

26(a) disclosure of expert testimonies. Expert testimony.

Rebuttal – cross examine
26e requires parties to supplement disclosures * in a timely manner * Ordered by the court; information not given; prior information was incorrect
34 allows you to subpoena information with non parties

35 In order to get order that the mental or physical is in controvery AND you have a good cause to get the exam
Usually they go together.

Interaggotry has a limit

Page 477 3. a third party request we are gonna need a subpoena under rule 45. b. Legally and ethical you can just pick up the phone and request for the document because not a part of the party i. She doesn’t need to give it to you unless you subpoena them ii.

My name is Kristofher Beralo.
My name is Kristofher Beralo. I’ve been around the world a few times. I’ve seen the best in man and I’ve seen the worse. I cried during lion king, yet learned to laugh during the tragedy of life. I’ve sang with hippies, dance with ravers, drank teas with warlords, swam with hippos, hunted pumas, stood toe to toe with some of the best fighters of the world, had an argument with a silent monk, lived in a trailer, lived in tent, lived in a cave and even lived in the mountains.

You wonder how things didn’t work out how you planned… Then you look around the room, where you’re at, where you are standing and realize, funny how things do.

My name is Kristofher Beralo. I’ve been around the world a few times. Never staying in one place for too long unless I have to. I’ve seen the best in men, and I’ve seen the worse. I lived in a trailer, lived in a tent, lived in a cave, My name is Kristofher Beralo. When I was 17, I left NJ to see the world, never staying in one place for more than I had to. Ive seen the worse in men, and ive seen the best.