Discussion Question 1: Drafting a Rule 26 Scope of Discovery

Discovery is a critical component of most legal cases. Litigants get to demand that their opponents provide documents and other items that may be used in the case. There are times, though, when there are valid objections to having items being demanded by opposing counsel.

This question will have you discussing these objections to see if any apply to the stated facts. If an item is not protected but still is not turned over, there are some serious ramifications there too. Make sure to discuss what those are also.

You need to draft a Rule 26 scope of discovery for a complex civil case. The client's files contain memoranda from employees that will be damaging to the case. Discuss whether the Rule 26 stipulation should be drafted to exclude the documents. Given the rules set out in FRCP Rule 26, discuss the benefits of providing full disclosure to your adversary and any possible risks involved in obstructing disclosure.

Justify your ideas and responses by using appropriate examples and references from Westlaw (including primary sources such as cases, statutes, rules, and regulations.), government websites, and peer-reviewed legal periodicals (not lawyer blogs), which can be supplemented by law dictionaries or the textbook. This means you need to use more than just your text and legal dictionaries.

Discussion Question 2: Determining Locations for Depositions

This question looks at the strategies behind where, when, and how to set depositions. In addition to the locations specifically set forth, can you think of others that may be a more appropriate option? You will want to discuss the pros and cons of each before reaching a conclusion as to which is best.

You need to subpoena witnesses for depositions. Your adversary has a large volume of documents and records that will be important to the discovery phase of the case. You have to set the location of the deposition: your office, your adversary's office, or the courthouse. Discuss the benefits and obstacles of each venue.

Justify your ideas and responses by using appropriate examples and references from Westlaw (including primary sources such as cases, statutes, rules, and regulations), government websites, and peer-reviewed legal periodicals (not lawyer blogs), which can be supplemented by law dictionaries or the textbook. This means you need to use more than just your text and legal dictionaries.