Civil Litigation

Discovery orders are NOT appealable

Only Final orders are appealable

Discovery orders are NTO final orders

Privileges Block Discovery (H/W, Clergy/Parishioner, Dr./Patient, Atty/Client)

Absolute - No one

• Mental Impressions
• Conclusions
• Opinions
• Legal Theory

Qualified -

•   Substantial Need
• AND
•   Undue Hardship
• AND
•   Substantial Equivilant

Wis. Stat. 804.01(5)

If response to discovery request was COMPLETE WHEN MADE no duty to supplement.

EXCEPT:

• Must be seasonably supplemented if:
• 1. The identity and location of persons having knowledge of discoverable matters. (New Witness)
• 2. Identity of each person expected to be called as an expert at trial. (New Expert)

Incomplete answer - didn't answer at all

Wis. Stat. 804.01(5)(b)

• Must seasonably amend
• 1. party know the response was incorrect when made

There were no photos, but then find out there are photos

Party knows statement true when made but is now different

Failure to amend amount is knowing concealment

Wis. stat. 804.01(5)(c)

Court order

Agreement of parties

Do another set of interrogatories

Anytime prior to trial though a new request to supplement previous responses.

Wis. Stat. 804.01(2)(c)(1)

Specific limits on discovery of ESI

• Not allowed to:
• serve a request to produce or inspect under 804.09 seeking discovery of ESI

or

respond to an interrogatory under Wis. Stat. 804.08(3) by producing ESI

Until after all parties confer regarding all of the following:

• A. Subjects on which ESI discover may be needed
• B. When such discovery should be completed by
• C. Whether discovery should be in phases or limited to particular issues.

Form or forms in which ESI shall be produced -

• .tif
• .pdf

method of asserting or preserving claims of privledge or of trial preparation materials

*Can these claims be asserted after production