1. WELCOME TO THE UNIT 7 SEMINAR Tonight, we will be discussing the different discovery tools.

2. Discovery  Generally, either side can request discovery, and both sides reveal their case, work toward agreement of the facts, evaluate the case, and advise the client accordingly.

3. Discovery  Discovery consists of one or more of the following:  Interrogatories  Request for Production of Documents  Request for Admissions  Depositions

4. INTERROGATORIES TO PARTIES  Interrogatories can be served on parties not witnesses – witnesses must be deposed  Parties must answer within 30 days

5. SCOPE OF INTERROGATORIES  The answer to an interrogatory may involve an opinion  Information sought by discovery does not need to be admissible as evidence at trial (Linberger v. GM Corp.)

6. Interrogatories - Example If anyone investigated this matter for you, including medical experts, private investigators or insurance adjusters and state their name(s) and address(es), and state whether such investigation was reduced to writing. If said investigator obtained any signed statements or recorded statements, identify the person who gave the statement and attach to your Answers a copy of any said statement.

7. REQUEST FOR ADMISSION  The matter is admitted unless, within 30 days after service of the request, the party answers or objects

8. PRODUCTION OF DOCS & ENTRY UPON LAND FOR INSPECTION  Request reasonable time to inspect

9. Req for Production of Docs - Example 1. Please produce all written reports of each person whom you expect to call as an expert witness at trial.

11. DEPOSITIONS  Testimony of parties and non parties  Advantage – due to its spontaneity, it’s the most powerful discovery device  Disadvantage – expense, it may require the presence of at least two attorneys

13. Page/Li ne Summary 3:1-10ABC Law Firm, 1000 Main St., Anytown, USA 3:11- 25 Appearances: John Smith, ABC Law Firm, Attorney for the Plaintiff Mary Jones, XYZ Law Firm, Attorney for the Defendant 4:8-13 Dr. Code Blue. Witness' business address is Code Clinic, 1 Main Street, Big City, FL, 32603. He has practiced there for more than 15 years 4:19- 21 Specialty is orthopedic surgery, a subspecialty that deals with injuries and diseases of the musculoskeletal system. 5:1-5 Witness attended college at North University in Big Town, USA, graduated in 1975. He attended medical school at South University in Big City, USA graduating in 1979. 5:13- 15 He holds valid medical licenses in Florida and Georgia. 6:1-3 Witness is a member in good standing of the American College of Surgeons and of the American Academy of Orthopedic Surgeons. 6:9-20 Witness has been deposed on one previous occasion, he DNR date. Allegations were that X medicine was prescribed in error. Case went to trial and was dismissed. 7:2-8 Witness recalls an examination he performed on Mr. John Doe on January 1, 2007. He was provided with medical records from Dr. W, a chiropractor, who treated Mr. Doe and MRI scans that were taken of the patient's neck.

14. Deposition Summary YOSEFA D. WONG vs. HUDAK PETROLEUM; GREG 3-5 Ramirez' address, trial date, Ramirez' CV, whether he remembers Wong, whether he reviewed her file, his previous litigation history

15. 6 Ramirez' history with Wong Starting 1993 or 1994 he has treated Wong for a variety of conditions. 7 The accident Accident was 11/6/00, auto vs. pedestrian.

16. 9-11 Studies Nerve conduction study report shows no sign of entrapment neuropathy, peripheral neuropathy, or radiculopathy. 11/1/01 lumbar myelogram report shows normal. 11/1/01lumbar CT scan report shows negative exam, with incidental note of a very tiny lipoma within spinal canal, no other findings. Ramirez not aware of any other related studies. 11-12 2/8/01 visit 2/8/01 was first visit after accident. He doesn’t know whether she was referred by Dr. Lyons. Subjective complaints: peri-lumbar pain, sacral pain. Ramirez did exam.

17. FAILURE TO COOPERATE IN DISCOVERY  Sanctions  Jury can be told that party tried to hide information