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In Pro Per
Rule 26 - Disclosures

 

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Show me yours, and I'll show you mine

 

FRCP §§26 is big, so plough through and know it well, or your opponent will make mince meat out of you. It's not complicated, so, don't be afraid.

Rule 26(a) - Automatic Disclosures

Just like the title implies, these are the things you have to turn over to the dark side. You don't get to wait and see if they ask for them. You must turn them over. What things you ask. Well...

 

RULE 26(a)(1) lists the general categories as:

* The name, address, and telephone number of each individual likely to have discoverable information (just the type of stuff you could use to stalk someone)

* Copies or descriptions (listing location and category) of all documents, data compilations, and tangible things in your possession likely to reveal discoverable information

* Computations of damages claimed and any insurance agreements which may be used to satisfy (read as pay off) a judgment

* You don't have to include stuff that is used solely for impeachment

But don't get your shorts in a bunch yet, there are some outs. You can keep mum on:

* an action for review on an administrative record

* a petition for habeas corpus

* an action brought without counsel by a person in custody of the United States

* an action to enforce or quash an administrative summons or subpoena

* an action by the United States to recover benefit payments or student loans

* a proceeding ancillary to proceedings in other courts

* an action to enforce an arbitration award

 

RULE 26(a)(2) Expert Witnesses

Lists what you have to release on your experts. If a party will be testifying at trial, you have to release the expert's:

* identity

* qualifications

* opinions

* data and other information

* exhibits

* compensation paid to the expert

* publications from the last 10 year

* case load from the last four years

 

Rule 26(b) - SCOPE & LIMITS

Quick memory device... how do you remember 26(b) is Scope? B for Bad Breath and how do you fix Bad Breath? Scope!


RULE 26(b)(1) - Scope

First of all, it's about time "discoverable" was defined.

Discoverable applies to matters which are relevant to the claim or defense of a party as long as those matters are not privileged. A court may order discovery of matters that are simply relevant to the subject matter of the action (a little more broad than relevant to a claim or defense). Just don't forget that admissibility at trial doesn't mean a hill of beans with regard to what is discoverable.

 

RULE 26(b)(2) - Limits

* allows for a limit on the number of depos, rogs, and requests

* limits discovery that is unreasonably cumulative or duplicative

* limits discovery if it is obtainable from other sources which are more convenient, less expensive, and less burdensome

* limits discovery if the other party had plenty of time to get that information already

* limits discovery if the burden/expense outweighs the benefit

 

RULE 26(b)(3) - Work Product

Work product is broken down into two types:

1. Absolute means just like it sounds, absolutely protected:

* mental impressions
* conclusions
* opinions
* legal theories

These things are protected 100 percent... undiscoverable... absolutely no way, no how... okay, I lied... absolute work product can be discovered in a case alleging misconduct by the attorney in regard
to his work and then the stuff is evidence.

2. Qualified. This one is the stuff not included in the absolute list. It gets turned over to the dark side if they can show really really really really really good cause... read as substantial need, meaning that there's really no other way for the opposing party to get this information and that without it, his case will go down the toilet. Now, just one more note to add about absolute.

There's also absolute rights of discovery... Rule 26(b)(3)... which allows a party in a suit or a witness to obtain his or her own statement.

 

RULE 26(b)(4) - Expert Witnesses, Again

A testifying expert has to be available for depositions and interrogatories. An expert who may or may not testify but has been called to provide information can get his butt depoed and rogged upon showing of exceptional circumstances.

 

RULE 26(c) -Protective Orders
For good cause matters can be protected. Good cause is protection from:

* annoyance
* embarrassment
* oppression
* undue burden or expense

RULE 26(d) - Timing
Though Rule 16 covers almost all the bases, parties can change time frames for certain procedures by mutual assent.

 

RULE 26(e) - Supplementation

They always do, since the start of the discovery phase, you don't get to escape the broad scope of discovery.

You are expected to seasonably add and amend as necessary. What stuff do you need to amend? Well, if the other party has not already learned of the update, you need to amend:

* a prior response to an interrogatory
* a request for production
* a request for admissionNotice that depositions are not on the short list.

You do not have a duty to update information presented through depositions.

 

RULE 26(f) - Conferences and Planning

Outlines the procedures and times for the discovery part of Rule 16 in more depth than any One-L should ever have to know.

 

RULE 26(g) - Signing on the Dotted Line

You have to sign everything, but rather than remember all the details of what has to be signed, remember what it means to sign something.

When you put your signature on something going to into the court system, you have certified that to the best of your knowledge, information, and belief, formed after a reasonable inquiry, the disclosure is complete and correct as of the time it is made.

The signature of the attorney (or Pro Per) or party constitutes a certification that to the best of the signer's knowledge, information, and belief, formed after a reasonable inquiry, the request, response,
or objectionis:

* consistent with these rules and warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law

* not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation

* not unreasonable or unduly burdensome or expensive, given the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation

 

WJFA nor anyone representing it interprets law or provides legal advice. All information on these pages were provided by victims of fraud denied justice and this section is only meant as an insight for other victims having to undo a crime in civil court.

 

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