Civil Procedures Committee: FAQs About Disclosure and Discovery Archives

Civil Procedures Committee

FAQs about disclosure and discovery

This page contains questions about disclosure and discovery procedures under the rule amendments effective November 1, 2011 and the committee's answers to those questions. The answers are in the nature of committee notes. They have not been reviewed or approved by the Supreme Court, and they are not binding on any court. We hope that the reasoned and considered opinions they express are persuasive. Each link is a brief summary of the topic. Click on the link to read the full question and answer.

• Depositions — Length of depositions.
• Disclosures — Exclusion as sanction for failure to disclose
• Discovery deadlines — Effect of later-added parties on discovery deadlines.
• Discovery deadlines — Monitoring discovery deadlines.
• Discovery deadlines — When to start discovery.
• Discovery tiers — Definition of “damages” for designation of a discovery tier.
• Discovery tiers — Designating a tier without specified damages.
• Discovery tiers — Effect of discovery tier on limiting the judgment.
• Discovery tiers — Effect of not designating a discovery tier.
• Effective date of disclosure and discovery rules.
• Expert discovery — Data relied upon by an expert.
• Expert discovery — Effect of premature disclosure of expert witnesses.
• Electronic filing — “3-day mailing” rule.
• Expert discovery — Timing of disclosures, elections and extensions.
• Extraordinary discovery — Reaching the limits of standard discovery.
• Sharing discovery between aligned parties.
• Third party subpoenas.