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The nature of the sanction is a matter of judicial discretion to be exercised in light of the particular circumstances. The court may take into bargaining acceptance anger denial depression any failure by the party seeking sanctions to invoke protection under Rule 26(c) at an early stage in the litigation.

The sanctioning process must comport bargaining acceptance anger denial depression due process requirements. The kind of notice and hearing required will depend on bargaining acceptance anger denial depression facts of the case and the severity of the sanction being considered.

To prevent the proliferation of the sanction procedure and to avoid multiple hearings, discovery in any sanction proceeding normally should be permitted only when it is clearly required by the interests of justice.

In most cases the court will be aware of the circumstances and only a brief hearing should be necessary. The rule requires all parties (1) early in the case to exchange information regarding potential witnesses, documentary evidence, damages, and insurance, (2) at an appropriate time during the discovery period to identify expert witnesses and provide a detailed written statement of the testimony that may be offered at trial through specially retained experts, and (3) as bargaining acceptance anger denial depression trial date approaches to identify the particular bargaining acceptance anger denial depression that may be offered at trial.

The enumeration in Rule 26(a) of items to extraction tooth pain after disclosed does not prevent a court from requiring by order or local rule that the parties disclose additional information without a discovery request.

Nor are parties precluded from using traditional discovery methods to obtain further information regarding these matters, bargaining acceptance anger denial depression for example asking an expert during a deposition about testimony given in other litigation beyond the four-year period specified in Bargaining acceptance anger denial depression 26(a)(2)(B).

A major purpose of the revision is to accelerate the exchange of basic information about the bargaining acceptance anger denial depression and to eliminate the paper work involved in requesting such information, and the rule should be applied in a manner to achieve those objectives. The concepts of imposing a duty of disclosure were set forth in Brazil, The Adversary Character of Civil Discovery: A Critique and Proposals for Change, 31 Vand. The rule is based upon the experience of district courts that have required disclosure of some of this information through local rules, court-approved standard interrogatories, and standing orders.

Most have required pretrial disclosure of the kind of bargaining acceptance anger denial depression described in Rule 26(a)(3). Many have required written reports from experts containing information like that bargaining acceptance anger denial depression in Rule 26(a)(2)(B). While far more limited, the experience of Ibandronate Sodium (Boniva )- Multum few state and federal bargaining acceptance anger denial depression that have required pre-discovery exchange of core information such as is contemplated in Rule 26(a)(1) indicates that savings in time and expense can be achieved, particularly if the litigants meet and discuss the issues in the case as a predicate for this exchange and if a judge supports the process, as by using the results to guide further proceedings in the case.

Courts in Canada and the United Kingdom have for many years required disclosure of certain information without awaiting a request from an adversary. It is expected that courts would, for example, exempt cases like Social Security reviews and government collection cases in which discovery would not be appropriate or would be unlikely. By order the court may eliminate or modify the disclosure requirements in a particular case, and similarly the parties, unless precluded by order or local rule, can stipulate to elimination or modification of the requirements for that case.

The disclosure obligations specified in paragraph (1) will not be appropriate for all cases, and it is expected that changes in these obligations will be made by the court or parties when the circumstances warrant. Authorization of these local bargaining acceptance anger denial depression is, in large measure, included in order to accommodate the Civil Justice Reform Act of 1990, which implicitly directs districts to experiment during the study period with differing procedures to reduce the time and expense of civil litigation.

The civil justice delay and expense Indocin SR (Indomethacin Extended Release Capsules)- FDA plans adopted by the courts under the Act differ as to the type, form, and timing of disclosures required. While these studies may indicate the desirability of further changes in Rule 26(a)(1), these changes probably could not become effective before December 1998 at the earliest.

In the meantime, the present revision puts in bargaining acceptance anger denial depression a series of disclosure obligations that, unless a court acts affirmatively to impose other requirements or indeed to reject all such requirements for the present, are designed to eliminate aligned indications discovery, help focus the discovery that is needed, and facilitate preparation for trial or settlement.

Subparagraph (A) requires identification of all persons who, based on the investigation conducted thus far, are likely to have discoverable information relevant to the factual disputes between the parties. All persons with such information should be disclosed, whether or not their testimony will be supportive of the position of the disclosing party.

As officers of the court, counsel are expected to disclose the identity of those persons who may be used by them as witnesses or who, if their potential testimony were known, might reasonably be expected to be deposed or called as a witness by any of the other parties. Indicating briefly the general topics on which such persons have information should not be burdensome, and will assist other parties in deciding which depositions will actually be needed.

Subparagraph (B) is included as a substitute for the inquiries routinely made about the existence and location of documents and other tangible things in the possession, custody, or control of the disclosing party. Although, unlike subdivision (a)(3)(C), an itemized listing of each exhibit is not required, the disclosure should describe and categorize, to the extent identified during the initial investigation, the nature and location of potentially relevant documents and records, including computerized data and other electronically-recorded information, sufficiently to enable opposing parties (1) to make an informed decision concerning which documents might need to be examined, at least initially, and (2) to frame their document requests in a manner likely to avoid squabbles resulting from the wording of the requests.

As with potential witnesses, the requirement for disclosure of documents applies to all potentially relevant items then known to the party, whether or not supportive of its contentions in the case. Unlike subparagraphs (C) and (D), subparagraph (B) does not require production of any documents. Of course, Lisinopril and Hydrochlorothiazide (Zestoretic)- Multum cases involving few documents a disclosing party may prefer to provide copies of the documents rather than describe them, and the rule is written to afford this option to the disclosing party.

If, as will be more typical, only the description is provided, the other parties are expected to obtain the documents desired by proceeding novartis s a Rule 34 or through informal requests.

The disclosing party does not, by describing documents under subparagraph (B), waive its right to object to production on the basis of privilege or work product protection, or to assert that the bargaining acceptance anger denial depression are not sufficiently relevant to justify the burden or expense of production. Broad, vague, and conclusory allegations sometimes tolerated in notice pleading-for example, the assertion that a product with many component parts is defective in some unspecified manner-should not impose upon responding parties the obligation at that point to search for and identify all persons possibly involved in, or all documents affecting, the design, manufacture, and assembly of the product.

The greater the specificity and clarity of the allegations in the pleadings, the more complete should be the listing of potential witnesses and types of documentary evidence.

Although paragraphs (1)(A) and (1)(B) by their terms refer to the factual disputes defined in the pleadings, the rule contemplates that these issues would be informally refined and clarified during the meeting of the parties under subdivision (f) and that the disclosure obligations would be adjusted in the light of these discussions.

The disclosure requirements should, in short, be applied with common sense in light of the principles of Rule 1, keeping in mind the salutary purposes that the rule is intended to accomplish.

The litigants should not indulge in gamesmanship with respect to the disclosure obligations. A party claiming damages or other monetary relief must, in addition to disclosing the calculation of such damages, make available the supporting documents for inspection and copying as if a request for such materials had been made under Rule 34. This obligation applies only with respect to documents then reasonably available to it and not privileged or protected as work product. Likewise, a party would not be expected to provide a calculation of damages which, as in many patent infringement actions, depends on information in the possession of another party or person.

Subparagraph (D) replaces subdivision (b)(2) of Rule 26, and provides that liability insurance policies be made available for inspection and copying.

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