Discovery Samples (Updated and Moved to Top)

Sample discovery requests (corrected links) here, here, and here.

Here, here, and here are sample excerpts from depositions (the deponents are two people who worked for DOGE; the lawsuits are challenging the lose of certain National Endowment for Humanities (NEH) grants).

Finally, about a decade ago, The New York Times ran a series called "Verbatim," in which actors recreated depositions based on the transcripts. This and this were among the best; the latter formed the basis for an essay question years ago.

We will not discuss these in class. I just want you to have an idea what discovery devices look and sound like. 

Update: So it may be that those DOGE deposition videos should not have gotten out. The court followed a common practice: Entered a general protective order to govern all discovery at the start of the process. The order allowed parties to designate discovery as "confidential," in which case it could be used only for purposes of the litigation and could not be published outside of litigation. There is some question whether the government followed the proper designation procedures. Anyway, the judge ordered plaintiffs to attempt to claw back the videos for the moment and scheduled a hearing for next Tuesday to sort it out. Although YouTube has taken the videos, the Internet never forgets and they are available in other spaces.

Expect this to be an essay question for your colleagues next year.

For Wednesday, March 18

Friday audio: Section B/Part I, Section B/Part II, Section A/Part I, Section B/Part II. Essay # 4 due in class on Wednesday. Prelim Exam posted at 12:30 next Wednesday, due in class on Wednesday, March 25. Essay # 5 will post on Thursday, March 26.

No class next Thursday or Friday.

We continue with Summary Judgment; prep the remainder. We will touch on the problems in Glannon, so be sure to work through them. Look at pp. *25-27 in Nunes, which offers great framing of the RE for all of summary judgment.

Your regular reminder to please keep movement in and out of class to a minimum. 

For Friday, March 13 (Double Session)

Thursday audio--Section B, Section A. 

We will finish Coca Cola (and Discovery) tomorrow. Essay # 5 will be delayed until March 26 so as not to intefere with the prelim exam, which will post next Wednesday.

Go to Summary Judgment. Prep Questions 1-24, as well as the puzzle on the attorney.

Holmes Puzzle

McKenzie put together a nice clean version of Holmes, more readable than my handwriting. Thanks to her for sharing. 

For Thursday, March 12

Wednesday audio--Section B, Section A.

We will finish the discovery rules, then proceed to Coca Cola (on the Puzzles sheet). Be ready to argue your side on everything from whether the formulae are discoverable to how the issue will be litigated to what happens if the court orders production and Coca Cola continues to resist. You only get to answer twice; I don't want the same people answering.

We will begin Summary Judgment in our double session on Friday. 

Section A: Please note the posting of a new version of Essay # 4, correcting a typo. Please use the current version. Does not affect your answer. 

Essay # 4: Section A (Corrected)

Download here. Corrected on typo on p.13. Please use this version.

Due next Wednesday, March 18.

Essay # 4: Section B

Download here. Due next Wednesday, March 18.

For Wednesday, March 11

Essay # 4 will post at 12:30 on Wednesday; due in class on Wednesday, March 18.

Review Discovery Process, then prep Enforcing and Avoiding and the assigned questions as to all. We hopefully will get to Coca Cola on Thursday and Friday.

 

For Friday, March 6

Thursday audio--Section B, Section A.

Prep the remainder of Discovery Process and all related questions. Understand the various devices, how they operate, and how they relate.  Also: Why might an attorney object during a deposition, given FRCP 30(c)?

Consider a different way to control a client during a dep. 

Again, sample discovery documents can be found here, here, and here. We will not discuss in class; this is purely to illustrate how discovery docs look and sound. 

For Thursday, March 5

Wednesday audio--Section B; Section A. Essay # 4 will post on Wednesday, March 11, due Wednesday March 18. Prelim Exam will post on Wednesday, March 18, due Wednesday March 25. Double session next Friday, March 13. No class on Thursday, March 19 and Friday, March 20.

Also, note that we have dean candidates on campus tomorrow and Friday; each will hold an open forum for the FIU community at 12:45 in RDB 1000. It's a good chance to hear from the person who will lead the school for your last two years.

We will finish Amendments, beginning with the final two elements of relation back--the timing of 4(m) and "mistake." Krupski says relation back is mandatory--does that mean amendment is mandatory? Is there another reason to deny leave in Krupski? If pleading John Doe is not a mistake, what can the plaintiff in Herrera do if he does not know the defendant officer's name?

Then prep all of Managerial Judging; parse out what is happening in FRCP 16 conferences, as well as the orders in NFL and McCullers (the "have lunch" order).

Then move to Discovery:Discovery Process. For tomorrow, prep Questions 1-5; with those questions, prep the assigned portions of FRCP 1, 16, 26(a), 26(e), 26(f), 30(a)-(d), and 34. We will get to the rest of Discovery Process on Friday.

Some sample discovery documents can be found here, here, and here. We will not discuss in class; this is purely to illustrate how discovery docs look and sound.