2 CALENDARING RULES (same as for pleadings) Exclude the first day, include the last. Count every day, then extend the last day if it is a weekend or holiday.
3 TIMING LIMITS State Court 10-day “hold” after service of summons 30-day cutoff (15 for expert discovery)
4 TIMING LIMITS Federal Court “Hold” until after initial conference Pre-trial cutoff set by trial judge
5 CUTOFF Discovery must be completed on or before cutoff. Depositions must be commenced by cutoff.
6 EXTENDING CUTOFF State court by stipulation or court order Federal court by order of court only
7 CALENDARING RULES Responses to Interrogatories: State court—30–35 days Federal court—30–33 days
8 CALENDARING RULES Responses to Requests for Admissions: State court—30–35 days Federal court—30–33 days
9 CALENDARING RULES Depositions: State court—10–15 days’ minimum notice Federal court—“reasonable” notice
10 CALENDARING RULES Response to Requests for Production: State court—30–35 days Federal court—30–33 days
11 CALENDARING RULES Response to Subpoena for Personal Records: State court—20–25 days for production Federal court—usually same as state court
12 CALENDARING RULES Response to Subpoena duces tecum: State court—20 days from service Federal court—“reasonable time”
13 CALENDARING RULES Response to Demand for IME: State court—20–25 days Federal court—by stipulation/order of court
14 CALENDARING RULES IME Examination: State court—30–35 days Federal court—by stipulation/order of court
15 CALENDARING RULES Demand for Expert Disclosure: State court—70 days before trial Federal court—not applicable (in interrogatories)
16 CALENDARING RULES Expert Disclosure: State court—50 days before trial No 5 days for mailing!
17 CALENDARING RULES Expert Depositions: State court—cutoff 15 days before trial
18 CALENDARING RULES Motions to Compel Re: Expert Discovery: State court—10 days before trial
19 CALENDARING RULES State Court Motions to Compel Discovery: no limit after response due Motions to Compel Further Discovery: 45–50 days after response served
20 PROBLEM SET #1 1. What day are interrogatory responses due if served by hand month 1, day 4? If served by mail? 2. What day are responses to requests for admissions due if served by hand month 1, day 7? If served by mail?
21 Months 1 and 2 SunMonTuesWedThuFriSat holiday holiday
22 PROBLEM SET #2 1. For a deposition set for month 2, day 6, what is the last day notice may be served by hand? By mail? 2. For a deposition set on month 2, day 12, what is the last day notice may be served by hand? By mail?
23 Months 1 and 2 SunMonTuesWedThuFriSat holiday holiday
24 PROBLEM SET #3 If a state court trial is set for month 2, day 30, what is the last day to a. exchange expert lists? b. serve interrogatories? c. depose a party? d. depose an expert?
25 Months 1 and 2 SunMonTuesWedThuFriSat holiday holiday
26 SUMMARY Know Rules, Count Days PREVIEW Law and Motion SUMMARY Know Rules, Count Days PREVIEW Law and Motion