Thursday audio--Section A, Section B. Essay # 3 will be posted next Wednesday.
We are now done with pleading, so you should review the flow charts and put all the pieces together.
We move to Managerial Judging and Discovery: Discovery Process. For discovery, focus on the assigned pieces of FRCP 26, FRCP 30(a)-(d), 33, 34, 35, and 36, along with the Glannon reading.
• What is managerial judging and how does FRCP 16 contribute to that? What does FRCP 16 require or allow the judge to do?
• How does discovery square with the adversary system? How does adverseness work into discovery? How do the rules attempt to reduce adverseness?
• Why would a party object in a deposition? How can a party protect its interests while responding to a Rule 34 document request?
• What is the connection between discovery and notice pleading?
• What is disclosure and what is the standard for disclosure? How is that different than the ordinary standard for what is discoverable? Why a different standard for disclosure?
• Think about the various discovery devices (in FRCP 30-36), how they fit together, what information they provide, and a rough order in which to employ the devices.
