Nothing puts a fire under me like a lawyer taking an absurd or unnecessarily difficult position about discovery, particularly when it clearly flies in the face of the rules of civil procedure. And it happens all the time. You may have noticed a trend here, whether it’s filing bogus Requests for Admission or refusing to accept service of discovery by email. So let’s embark on the latest absurdity and cut it off at the pass for the next guy – what is your duty to supplement discovery responses? Me: We just discovered your guy owns a couple of businesses that he’s...
My recent article “Identifying Improper Requests for Admission” can be found in the Spring 2017 edition of the Alabama Defense Lawyers Association Journal. [I’ll post a link once it’s available]. This article is a touched up and tamped down version of a post that first appeared on the blog here: Beware Bogus Requests for Admission.
This series will address the various types of documents, electronic, human, and physical evidence that can and often will exist after a motor vehicle accident (including accidents involving commercial motor vehicles) and what should be done to preserve the evidence for future litigation. Part 1 was an introduction to the subject and looked at preservation letters. Part 2 considered preserving physical and witness statements. This post, Part 3, will review all the many motor carrier records that must be maintained. Part 4 discusses the various types of electronic data that may be available for retention after an accident. Motor Carrier Records Motor...
This series will address the various types of documents, electronic, human, and physical evidence that can and often will exist after a motor vehicle accident (including accidents involving commercial motor vehicles) and what should be done to preserve the evidence for future litigation. Part 1 was an introduction to the subject and looked at preservation letter. Part 2 considers preserving physical and witness statements. Part 3 reviews all the many motor carrier records that must be maintained. Part 4 discusses the various types of electronic data that may be available for retention after an accident. Preserving Physical Evidence An accident scene is replete...
This series will address the various types of documents, electronic, human, and physical evidence that can and often will exist after a motor vehicle accident (including accidents involving commercial motor vehicles) and what should be done to preserve the evidence for future litigation. Part 1 is an introduction to the subject and looks at preservation request letters. Part 2 considers preserving physical and witness statements. Part 3 reviews all the many motor carrier records that must be maintained. Part 4 discusses the various types of electronic data that may be available for retention after an accident. A Rapid Response to a Motor...
Brianna Horton v. Bria Monique Hinton: When a party willfully fails or refuses to adhere to the requirements of the discovery process, a trial court is within its discretion to administer discovery sanctions, including dismissing the case. I’ll confess up front that reading and briefing this particular case brought me an unusual amount of joy. Filing motions to dismiss under Rule 37 for a party’s refusal to participate in discovery is one of my great joys in practice. I would just about do it for free (unless you’re a client reading this, in which case that previous statement is total...
“I don’t know what the rules say, but … that’s just dumb.” I recently had the rare displeasure of being completely dumbfounded by statements made by opposing counsel in a letter. Two months prior to receiving the letter, we had filed a notice of service of discovery requests that we were propounding to the Plaintiff. We then emailed the notice and the discovery requests to opposing counsel. Two months later, opposing counsel sent us a letter advising us that he had received our notice of discovery but had not received our discovery requests because his office does not accept service of...
Under Rule 36 of both the Federal Rules of Civil Procedure and the Alabama Rules of Civil Procedure, a party to a lawsuit is entitled to make Requests for Admission to the opposing party. Recently, I have seen a growing trend in personal injury cases in which plaintiffs are making Requests for Admission beyond the scope of Rule 36 in an effort to prove liability, medical causation, reasonableness and necessity of medical treatment, and damages through these requests. Not only is this an abuse of Rule 36, but it can be a problem for defense lawyers who aren’t on top...
There are going to be occasions when you do everything you could or should have to prepare your client for a deposition, and they can’t help themselves but to make a mess. A couple of years ago I was defending a trucking case in which my truck driver was an awfully rough fellow. He had a pretty significant criminal history, had been in-and-out of drug rehab (which hadn’t had much effect), and at the time of the accident involving my case, he had been on a crystal meth bender for a couple days while at a motorcycle rally. Our only...
The courts have been busy in 2016 addressing issues of discovery, and interpreting and rewriting the rules of civil procedure. Each of the below links will take you to either a case brief or memoranda analyzing these developments. Maria Graham v. City of Talladega: An amended pleading is a nullity if it does not comply with ARCP 15, and once the original claims are dismissed, a party has 42 days from the date of dismissal to file an appeal, pursuant to ARCP 4. Ex parte Tidra Corporation: A trial court may only require a party to submit to a mental...
