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Upon completion of the course, students will be able to:
1. Draft form and special interrogatories
2. Summarize depositions
3. Perform the paralegal's role in medical examinations
4. Draft Requests for Admissions
5. Draft Requests for Production of Documents and Things, and manage that resultant production
6. Seek and evaluate expert witnesses
7. Calculate calendaring deadline
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1. Discovery Overview
a. Purposes
b. Advantages and disadvantages
c. Discovery devices (tools)
d. Discovery plans
e. Limits to discovery
f. Motions to compel
2. Interrogatories
a. Advantages and disadvantages
b. Form and special interrogatories
c. Formatting and drafting
d. Responding to interrogatories
e. Analyzing responses to interrogatories
f. Challenging responses
g. Service of interrogatories
h. Interrogatories in federal courts
i. Drafting tips
3. Depositions
a. Advantages and disadvantages
b. Basic deposition rules
c. Party and third party depositions in Superior Court
d. Personal and consumer records
e. The role of the paralegal in depositions
f. Depositions in Federal Court
g. Deposition summaries
4. Requests for Admission
a. Purpose
b. Drafting Requests for Admissions
c. Responding to Requests for Admissions
d. Failure to respond to Requests for Admission
5. Requests for Production of Documents and Things
a. Drafting format
b. Timing of Request
c. Response to Request
d. Scope of inspection
e. Enforcing the demand
f. The role of the paralegal in Requests for Production
g. Organizing and analyzing documentary evidence
6. Independent Medical Examinations (IME)
a. Purpose
b. Physical and mental examinations
c. Drafting Request for IME
d. Responding to Request
e. The medical exam report
f. Federal Court IME's
g. The paralegal's role in IME's
7. Expert Witnesses and Expert Discovery
a. Expert discovery in Superior Court
b. Locating and evaluating expert witnesses
c. Demand of Expert Exchange
d. Response to demand
e. Late-disclosed experts
f. Expert discovery in Federal Court
g. Expert depositions
h. Sanctions
i. Ex parte motions
8. Calendaring Discovery
a. Limiting discovery
b. Calendaring discovery devices
c. Strategic timing
d. Creating and managing discovery timelines
9. Electronic discovery
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1. Read textbook and outside sources of approximately 40 pages per week.
2. Draft and respond appropiately to all discovery requests.
3. Create and maintain a final project discovery portfolio
4. Summarize a deposition.
5. Solve calendaring problems - homework.
6. Draft motions to compel.
7. Research procedural and substantive law.
8. Midterm and final.
| Writing: Assessment tools that demonstrate writing skill and/or require students to select, organize and explain ideas in writing. | Writing
60 - 75% |
| Drafting legal documents, motions to compel, draft and respond to discover requests, and deposition summary | |
| Problem solving: Assessment tools, other than exams, that demonstrate competence in computational or non-computational problem solving skills. | Problem Solving
10 - 20% |
| Research procedural and substantive law, completion of final project discovery portfolio, homework calendaring problems | |
| Skill Demonstrations: All skill-based and physical demonstrations used for assessment purposes including skill performance exams. | Skill Demonstrations
0 - 0% |
| None | |
| Exams: All forms of formal testing, other than skill performance exams. | Exams
10 - 20% |
| Midterm and Final | |
| Other: Includes any assessment tools that do not logically fit into the above categories. | Other Category
5 - 20% |
| Attendance and participation | |
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Litigation by the Numbers & the Substantive Compainion, Julie Goren, Lawdable Press, 2016
Recommended reference: Civil Procedure Before Trial, Weil and Brown, The Rutter Group, 2015.