Summary

• Jurisdiction: Washington

Chapter Details

Summary

§26.1Introduction

§26.2Text of Rule

§26.3Historical Development

§26.4Comparison With Federal Rule (1)Scope of Discovery; Limits Under the Federal Rules (a)Discovery of Electronically Stored Information (b)The Court's Management of the Scope of Discovery (c)Safe Harbor Provisions Regarding ESI Under Rule 37 (2)Timing Regarding Use of Discovery Devices (3)Initial Discovery Conference (4)Initial Discovery Disclosures (5)Interrogatories (6)Depositions (7)Expert Witnesses (a)Scope of Expert Discovery Allowed (b)Disclosures Concerning Experts Who Are Also Fact Witnesses ("Fact Experts") (c)Work Product Protection of Attorney-Expert Communications (d)Timing of Written Disclosures of Expert Opinions (e)Supplementation of Expert Disclosures (8)Duty to Supplement—Automatic Exclusion of Evidence (9)Claims of Privilege or Protection of Trial-Preparation Materials (a)Privilege Log Required (Fed. R. Civ. P. 26(b)(5)(A)) (b)Claw-Back Procedure for Inadvertent Disclosure of Privilege or Work Product (FED. R. CIV. P. 26(b)(5)(B)) (10)Pretrial Disclosures (11)Procedure Allowing a Party to Obtain a Statement Previously Provided

§26.5 Purpose and Procedure

§26.6 Analysis (1)Discovery Methods (2)Discovery Scope and Limits (a)In General (b)Insurance Agreements (c)Structured Settlements and Awards (d)Trial Preparation: Materials (e)Trial Preparation: Experts (f)Supplemental Discovery Beyond That Authorized by Treaty or Convention (3)Protective Orders (a)The "Good Cause" Requirement (b)Place of Motion (c)Discovery Issues That Can Be the Subject of a Protective Order (d)Timing of a Motion for Protective Order (e)Modification or Vacation of Protective Orders (4)Sequence and Timing of Discovery (5)Supplementation of Responses (a)Exclusionary Sanctions for Failing to Disclose Trial Witnesses (b)Sanctions Limited to Monetary Awards (6)Discovery Conference (7)Signing of Discovery Requests, Responses, and Objections (a)Duties Under CR 26(g) (b)Effect of Signing Discovery Responses (8)Use of Discovery Materials (9)Motions; Conference of Counsel Required (a)Compliance With CR 26(i) and Trial Court Jurisdiction to Hear Discovery-Related Motion (b)CR 26(i) Applies to All Motions and Objections Made Under CR 26 Through CR 37 (10)Access to Discovery Materials (11)Discovery Standards Imposed by the Rules of Professional Conduct

§26.7Significant Authorities (1)Washington (a)Scope of Discovery in General (b)Discovery of Electronically Stored Information

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