Overview of the Discovery Process

Analyze the following situation and, using your understanding of the discovery rules as explained in this chapter, determine which of the following items in the Geo-Central case would qualify as initial disclosures and which, under Rule 26 of the Federal Rules, would have to be provided to Craig and Kristin Benson without waiting for a discovery request:

a) a copy of a list of all inspection reports on the Atomic-Angel written by Marsh over the last 18 months and in the possession of or under the control of Dr. Zimmerman;

b) a set of notes written by your supervising attorney during the initial interview with Dr. Zimmerman;

c) a series of emails that passed between Dr. Zimmerman and Dr. Marsh regarding the possible suspension of Marsh and the later results of those discussions;

d) the names, addresses, email addresses, mobile numbers, and office telephone numbers of the research fellows supervised by Dr. Zimmerman over the last 18 months; and

e) a video of a practice session during which Dr. Zimmerman was questioned by an attorney in your law firm

In each situation, explain why this item in question should or should not be classified as an initial disclosure.

Sample Solution

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