Busy. Please wait.
or

show password
Forgot Password?

Don't have an account?  Sign up 
or

Username is available taken
show password

why


Make sure to remember your password. If you forget it there is no way for StudyStack to send you a reset link. You would need to create a new account.
We do not share your email address with others. It is only used to allow you to reset your password. For details read our Privacy Policy and Terms of Service.


Already a StudyStack user? Log In

Reset Password
Enter the associated with your account, and we'll email you a link to reset your password.

Remove ads
Don't know
Know
remaining cards
Save
0:01
To flip the current card, click it or press the Spacebar key.  To move the current card to one of the three colored boxes, click on the box.  You may also press the UP ARROW key to move the card to the "Know" box, the DOWN ARROW key to move the card to the "Don't know" box, or the RIGHT ARROW key to move the card to the Remaining box.  You may also click on the card displayed in any of the three boxes to bring that card back to the center.

Pass complete!

"Know" box contains:
Time elapsed:
Retries:
restart all cards




share
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.

  Normal Size     Small Size show me how

Privileges/Experts

QuestionAnswer
Rule 26b3A - Attorney Work Product Privilege Materials prepared in anticipation of litigation or for trial. Not discoverable unless: 1) Under Rule 26b1 (relevant); AND 2) substantial need, undue hardship, obtain substantial equivalent
Rule 26b3B - AWPP If court so orders, it MUST protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of a party's attorney
Rule 26b3 AWPP - Summary * Work product must be "prepared in anticipation of litigation or for trial" by a party's attorney. * NOT AWP if 1) substantial need AND 2) inability to obtain substantial equivalent w/out undue hardship EXCEPT WP that reveals "mental impressions..."
Rule 26b5A - Privilege Logs When a party withholds info otherwise discoverable claiming privilege, they must: 1. expressly make the claim AND 2. describe nature of the documents, communications, or tangible things, without revealing information, so other parties may assess.
Expert Witnesses - Summary Trial Experts - retained to give testimony at trial. Prepare report & deposition. All work product discoverable Consulting - give advice, not testify. WP rarely discoverable Percipient - Witness + expert opinion
Rule 26b4a - Trial Preparation: Testifying Experts A party may depose any person who has been identified as an expert whose opinions may be presented at trial. If expert report, deposition after report provided.
Rule 26b4B - Consulting Experts No discovery facts known/opinions held by expert retained in anticipation/preparation of litigation/trial who is not expected to be called witness. However, 1) Rule 35b (mental/physical), or 2) exceptional circumstances, impracticable obtain other means
26a2 - Disclosure of Expert Testimony A. a party must disclose ID of expert witness B. unless otherwise stipulated, disclosure must be accompanied by a written report
26a2B - Required Contents of Expert Report 1. opinions and basis/reasons 2. data/other information used to form opinions 3. exhibits used to summarize/support 4. qualifications + list of publications from last 10 years 5. other cases where expert testified at trial/deposition 6. compensation
26a2c - Disclosure of Expert Testimony (Timing) Make disclosures at times/in sequence as directed by the court. Absent stipulation/court order: 1. +90 days from trial date 2. if contradict/rebut info from another party, within 30 days of the other's disclosure
26b4c: Payment of Expert Fees Unless manifest injustice, court will require the party seeking discovery pay the expert a reasonable fee
37c1: Sanctions - Failure to Disclose Failure to disclose/ID a witness, the party won't be allowed to use that info/witness on motion, hearing, trial, unless substantially justified/harmless. Addition/instead, court: A. may order payment caused by failure B. inform jury, AND C. impose othe
37b2a: Sanctions - Failure to Comply with Discovery Order Fails to obey permit/provide discovery, the court: 1. matters in order are established as prevailing party claims 2. prohibit from support/oppose 3. strike whole/part 4. stay proceedings until obey 5. dismiss whole/part 6. render default judgment
60b: Post-judgment Relief On motion/just terms, court may relieve from final judgment: 1. mistake, inadvertence, surprise, excusable neglect 2. newly discovered evidence 3. fraud, misrep, misconduct by oppos party 4. judgment void, lack PJ/SMJ 5. judgment satisfied 6. any ot
60c1: Post-judgment Relief - Timing Motion under 60b (Post-judgment) = reasonable time. Reasons 1, 2, 3 = no more than one year after judgment
Created by: PrGrd