FRCP 26-b

  1. 26-b-1
    • Scope in General
    • Unless limited by ct order, scope is as follows:
    • * Parties may obtain discovery regarding any non-priviliged matter that is relevant to a party's claim or defense.
    • * Ct may order discovery of any relevant subject matter as well.
    • * All discovery is subject to limitations in 26-B-2-C
  2. 26-B-2
    • Limitations on Frequency and Extent
    • a. When permitted:
    • ct can alter limits on # of depos/interrogatories AND length of depos under Rule 30. Rule 36 is limits on # of disco requests
    • b. Specific limits on eData:
    • Party need not provide eData from sources where proven too burdernsome. BUT the party being asked to provide must prove the burden/cost. BUT if ct decides good cause, it can still order eData provided.
  3. 26-B-2-C
    • When required--ct must limit frequency or extent when it determines that:
    • (i) D sought is unreasonably cumulative or duplicative OR can be obtained elsewhere in a less burdensome/expensive, or more convenient way.
    • (ii) party seeking D has had ample opportunity to obtain it
    • (iii) burden or expense outweighs the likely benefit
  4. 26-B-3

    Trial Prep: Materials

    • A) Docs and tangible things--ordinarily a party may not discover docs/tangible things that are prepared in anticipation of litigation or for trial by or for another party of its representative(atty, agent, insurer, consultant)
    • BUT subject to 26-B-4 they may be discoverable if
    • (i) they ar discoverable under 26-b-1 AND
    • (ii) the party shows that it has substantial need for the materials and cannot obtain otherwise w/o undue hardship.
  5. 26-B-3-B
    • Protection against disclosure
    • If the ct orders discovery of those materials, it must protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of a party's atty or other rep. concerning the litigation. (what does this mean?)
  6. 26-B-3-C
    • Previous statement
    • Anyone (party or other person) may obtain their own previous statement about the action or subject matter. If refuse, person may get ct order and expenses.

    • Previous statement is either:
    • (i) written statment--signed or otherwise adopted
    • (ii) transcript of person's oral statement
Card Set
FRCP 26-b
26-b: Discovery Scope and Limits