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Guard's Medical and Drug History Discloseable in Discovery by A Wisconsin federal district court held that a prisoner was entitled to receive in discovery a guard's medical and urine test report. This action was filed by a prisoner at Wisconsin's Green Bay Correctional Institution, alleging guards beat him. The magistrate …
Deceased PA Prisoner's Medical Records Disclosable by Darlene Lucretia Joe was a Pennsylvania state prisoner at the Philadelphia Industrial Correction Center. Between 4/29/97 and 6/30/97 she requested medical care 15 times, to no avail. On 8/4/97 she died of cerebral herniation. Her estate sued the prison medical subcontractors (defendants), who …
Article • May 15, 2007
Independent Operator Not Necessary for Tape Recorded Deposition by A federal district court in Pennsylvania has held that to require an independent operator to oversee the tape recorded deposition of a witness is cost prohibitive. The motion for the tape recorded deposition was made by a state prisoner represented by …
Article • May 15, 2007
Counsel Cannot Direct Witness Not to Answer Questions by A federal district court in Georgia granted a plaintiff's Motion to Compel answers to deposition questions where counsel advised the witness not to answer the questions. The Court held there was no claim of privilege, and the questions were not harassing …
Defendants Must Bear Costs of Depositions Sought by Indigent Prisoners; and Attorney-Client Privilege Waived by Defendants Must Bear Costs of Depositions Sought by Indigent Prisoners; and Attorney-Client Privilege Waived On remand from the United States Supreme Court, the Federal District Court of New York held that, generally, a party seeking …
Article • May 15, 2007
Tape Recorded Depositions' Intent: Cost Efficiency by A federal district court in Illinois has held that the intent of Fed.R.Civ.P. 30(b)(4) is to make a significant contribution to the efficient and economic administration of justice. The Court outlined several principles for promulgating guidelines to safeguard the non-stenographic record. First, allocation …
Alaska Supreme Court Reverses SJ, Orders Continuance to Prisoner by The Alaska Supreme Court reversed a grant of summary judgment to prison medical staff and instituted the lower court to grant plaintiffs' requested continuance. Federal prisoner Donald Hymes and his wife Rita sued two Alaska Department of Corrections (ADOC) medical …
Article • May 15, 2007
Requesting Party May Be Required to Pay Discovery Copying Costs by An African-American state trooper alleged employment discrimination. The magistrate judge should not have required defendants to produce photocopies of five years worth of personnel files of other officers; it was sufficient to produce two years' worth for review. Rule …
Article • May 15, 2007
Filed under: Civil Procedure, Discovery
Failure to Timely Object Waives Discovery Objection by Failure to object timely to discovery requests may result in waiver of the objection, though courts should avoid "hair-trigger" findings of waiver. Rule 34 should be read like Rule 33 in this respect despite the lack of explicit provision for waiver. At …
Article • May 15, 2007
Filed under: Civil Procedure, Discovery
Interrogatory Limit Increases by In measuring compliance with the 25-interrogatory limit of Rule 33(a), Fed.R.Civ.P., subparts should count as separate interrogatories if they seek information about discrete subjects, but questions about communications of a particular type should be treated as a single interrogatory even if it requests that time, place, …
CA Peer Review Records Not Privileged in Jail Death Suit by The decedent died in jail after making repeated complaints of abdominal pain. He was diagnosed after his third complaint with gastroenteritis and prescribed palliatives; nine days later he died of peritonitis due to idiopathic perforation of the descended colon. …
Article • May 15, 2007
Attorney Misconduct at Depositions by Defense counsel engaged in misconduct at depositions by improperly "interpreting" questions for the witnesses, coaching them as to how to answer, engaging in lengthy speaking objections and colloquies, conferred with his witnesses during questioning, and left the room with a deponent while questions were pending. …
Article • May 15, 2007
HCQIA No Bar to Discovery of Peer Review Reports by The Health Care Quality Improvement Act "does not create an inviolate bar to discovery of materials relating to peer review committees." (438) The court grants plaintiff's motion to compel, along with a protective order. The complaint alleges that the peer …
Article • May 15, 2007
Discovery of Absent Class Members Not Allowed by At 455: ". . . [D]iscovery of absent class members is ordinarily not permitted in class actions." Some courts say they are not "parties" and hence not subject to certain forms of discovery, like interrogatories. At 456: "Another, perhaps more compelling, reason …
Article • May 15, 2007
Motion to Compel Discovery Denied for Not Conferring With Counsel by The plaintiff alleged excessive force, a disciplinary due process violation, and other varieties of abuse by prison staff. The court denies appointment of counsel because the plaintiff has shown he can present the facts clearly and draft pleadings and …
Article • May 15, 2007
Deposition of Juvenile Prisoner Rape Victim Postponed Until Release by The mother of a juvenile detainee alleged that an officer had sexually assaulted her son. The deposition of a person confined in prison may be taken only "with leave of court on such terms as are just" under Rule 30(a)(2). …
Article • May 15, 2007
Evidence Disclosed to Experts is Discoverable by The 1993 amendments to Rule 26(a)(2)(B) concerning disclosure of material presented to an expert does not exempt "core" work product or limit disclosure to factual material as opposed to mental impressions or opinions of counsel. If the expert sees it, it's discoverable. Accord, …
Article • May 15, 2007
Jail Insurance Agreements Subject to Discovery by In a jail strip search suit, the court holds that reinsurance agreements between a self-funded insurance pool of counties and its reinsurers are subject to disclosure under Fed.R.Civ.P. 26(a)(1)(D) governing discovery of insurance agreements. See: Tardiff v. Knox County, 224 F.R.D. 522 (D.Me. …
Article • May 15, 2007
Employers Entitled to Discovery on Plaintiffs Mental State by A plaintiff who alleged mental distress in an employment case did not place his mental condition "in controversy" entitling the defendants to a Rule 35 psychiatric examination. At 194: "No specific psychiatric malady has been alleged nor has Bowen asserted a …
Article • May 15, 2007
Court Orders Disclosure of Discovery Materials to Media by Newspapers sought to intervene to challenge a confidentiality order governing discovery materials in a suit against the state child welfare agency. The newspapers are allowed permissive intervention; the requirement of a "question of law or fact in common" can be met …
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