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  • 7 - Discovery AC Priv, WP

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    This document provides an overview of the topics to be covered in the Civil Procedure II class including discovery, the work product doctrine, attorney client privilege, and discovery tools. The class will cover the scope of discovery under Rule 26(b)(1), the attorney client privilege which protects confidential communications between an attorney and client, and the work product doctrine which protects documents prepared in anticipation of litigation. The class will also discuss the various discovery tools allowed under the rules including initial disclosures, interrogatories, requests for production, requests for admissions, and depositions.

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    This document provides an overview of the topics to be covered in the Civil Procedure II class including discovery, the work product doctrine, attorney client privilege, and discovery tools. The class will cover the scope of discovery under Rule 26(b)(1), the attorney client privilege which protects confidential communications between an attorney and client, and the work product doctrine which protects documents prepared in anticipation of litigation. The class will also discuss the various discovery tools allowed under the rules including initial disclosures, interrogatories, requests for production, requests for admissions, and depositions.

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    21 views6 pages

    7 - Discovery AC Priv, WP

    Uploaded by

    steph.hernan6704
    This document provides an overview of the topics to be covered in the Civil Procedure II class including discovery, the work product doctrine, attorney client privilege, and discovery tools. The class will cover the scope of discovery under Rule 26(b)(1), the attorney client privilege which protects confidential communications between an attorney and client, and the work product doctrine which protects documents prepared in anticipation of litigation. The class will also discuss the various discovery tools allowed under the rules including initial disclosures, interrogatories, requests for production, requests for admissions, and depositions.

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    © All Rights Reserved
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    of 6

    Civil Procedure II

    Discovery (Rule 26), WP Doctrine, AC


    Privilege
    Professor Reichi Lee
    Spring 2020

    1
    Discovery
    (Rule 26)

    2
    Scope of Discovery

    Parties may obtain discovery regarding any nonprivileged


    matter that is relevant to any party’s claim or defense and
    proportional to the needs of the case. Rule 26(b)(1).

    Read Glannon E&E, Ch. 21.

    3
    Attorney Client Privilege

    AC privilege bars inquiry into confidential communications


    between a client and her counsel in the course of legal
    representation.

    4
    Work Product Doctrine

    Work product protection applies to documents and tangible


    things that are prepared in anticipation of litigation or for
    trial by or on behalf of a party. Rule 26(b)(3)(A).

    ● Qualified protection, i.e. a court may order disclosure if the party


    seeking discovery shows that it has substantial need for the materials to
    prepare its case and cannot, without undue hardship, obtain their
    substantial equivalent by other means.

    ● Absolute protection = attorney’s mental impressions, opinions or legal


    theories. 5
    Discovery Tools

    ● Required Disclosures
    ○ Initial Disclosures
    ○ Pre-Trial Disclosures
    ● Interrogatories
    ● Request for Production of Documents
    ● Request for Admissions
    ● Depositions

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