What information is protected from discovery?

What information is considered confidential?

Confidential information refers to private information released to the receiving party, orally or in writing. The disclosing party expects that this information is not released to the public or any third parties.

What is considered privileged in discovery?

As used in the rules governing discovery, “privileged” means the constitutional and statutory privileges (self-incrimination [California Evidence Code (“Evid C”), § 940], attorney-client [id., § 950 et seq.], spousal communication [id., § 980], doctor-patient [id., §§ 990 et seq., 1010 et seq.], clergyman-penitent (id. ...

What can be redacted in discovery?

Social Security Numbers, Taxpayer identification numbers, names of minors, dates of birth, financial account numbers, home addresses, passport numbers, and driver license numbers. Please refer to Federal Rule of Civil Procedure 5.2 and Local Rule 5.2-1.

What types of information might be discoverable but not admissible?

The Federal Rule of Evidence 801 does provide for several exclusions to the Hearsay rule. All content is discoverable if it potentially is relevant to the case and not deemed privileged, but discovered content may be ruled inadmissible if it is deemed privileged (doctor/patient communications), unreliable or hearsay.

What types of documents are privileged?

The attorney–client privilege protects all documents that can be considered a communication, including emails, text messages, let- ters and memoranda. The privilege protects communications that are created by the client as well as those addressed to the client.

What are the disadvantages of discovery?

What is rule 34 in discovery?

The rule provides that a request for inspection shall set forth the items to be inspected either by item or category, describing each with reasonable particularity, and shall specify a reasonable time, place, and manner of making the inspection.

What is the cut off for discovery?

The deadline for finishing discovery (the discovery cutoff) is 30 days before the original date set for a trial unless the parties have agreed or the court has ordered to extend the time.

What is improper use of discovery?

Misuses of the discovery process include, but are not limited to, the following: (a) Persisting, over objection and without substantial justification, in an attempt to obtain information or materials that are outside the scope of permissible discovery.

Are personal notes discoverable?

Personal Diaries in the Courtroom

Legally, under the rules of evidence and discovery, a party is entitled to inspect and copy any and all documents that could potentially lead to the discovery of useful evidence to support their case or position.

Is criminal history discoverable?

In most cases, unless your criminal history is very recent or directly tied to your case, it must be shared in discovery if requested but cannot be presented at trial. As said above, criminal history is usually discoverable even if it is not admissible, and can usually be found anyways.

What evidence cannot be used?

Inadmissible evidence is evidence that lawyers can't present to a jury. Forms of evidence judges consider inadmissible include hearsay, prejudicial, improperly obtained or irrelevant items.

What are the limitations of discovery?

The scope of discovery is broad but has limits. Parties can obtain relevant info reasonably likely to lead to admissible evidence. However, privileged communications, work product, and overly burdensome requests are protected from discovery. Courts balance the need for info against privacy and efficiency concerns.

What happens after discovery in a lawsuit?

At the end of the discovery process, both parties should have a reasonably good idea of the strength of their opponent's case as well as their own. A weakness in one party's position may encourage it to try negotiating a settlement to avoid going to trial.

What can you object to in discovery?

You may object if the request is asking for your analysis, strategy, or thinking about the case. A discovery request can ask what evidence the person knows, but cannot ask what a person thinks the evidence means. Sometimes called “attorney work product,” and this objection applies equally to self-represented litigants.

What is not redacted?

An un-redacted document is a paper that contains Confidential Personal Information (CPI) that is not supposed to be submitted to the court under Court Rule 22 NYCRR §202.5(e), like a social security number, bank account number or birth date.

What confidential information should be redacted?

Redaction could protect sensitive data such as personal identifiable information (PII), protected health information (PHI), classified industry secrets, sensitive financial details, and so on from falling into the wrong hands.

What is the rule 11 for discovery?

Rule 11: Rule 11 of the Federal Rules of Civil Procedure; which deals with signatures that are required on papers submitted to the court and with sanctions that can be meted out to parties who fail to follow the court's discovery orders.

Are opening statements evidence?

The purpose of opening statements is to outline to the jury what each side contends the evidence will establish. A general idea of what the case is about is thus presented to the jury. Opening statements are not evidence. Following the opening statements, the attorney for the plaintiff presents evidence.

What is an example of legally privileged information?

For example, if a physician retained an attorney to determine if a joint venture was legal, the new information developed through the attorney's investigation would be privileged under the work product doctrine. The attorney's advice would be privileged under the attorney-client privilege.