Trial Rules

• Request for Interrogatories
• Made by only parties to the action
• Must be answered under oath.

• Request for Production of Documents
• Made to only parties to the action
• Only applies to documents in their possession.

• Nonparty Request for Production of Documents
• Made to businesses, not to a party to action
• Must inform the other side 15 days before subpoena.

• Request for Mental or Physical Examination
• Made only to parties to action
• (Mainly in Work Comp)

• Request for Admissions
• Made only to parties to action
• Must be answered under oath
• If not aswered within 30 days, deemed admitted.

• Depositions (Normally takes place after initial written discovery phase)
• Any potential witness even if not part of the action
• Answered under oath
• Mailed written testimony after deposition.
• Within 30 days - opportunity to change testimony
• Make changes on "errata sheet"
• Change "red" to "fred", not "red" to "blue".

• Motion to Compel
• must follow TR 26(F) first.

Subpoenas

Nonparty Request for Documents and Subpoena duces tecum! (15 days before its served, other side can object!)

• Motion for Protective Order
• Protects the client from embarrassment and annoyance. (other side can't ask certain questions).

Discovery must be served in two formats; hard and electronic.

Duty to Supplement witness and material facts without being asked.

• Must work out informally first before filling.
• ex. 1 . Request for Interrogatories
• 2. First letter to remind
• 3. Second letter
• 4. Third letter
• Then file.