Hypothetical discovery requests
Bennaza v. Cue
1. Rule 33 interrogatory directed to Bennaza from Cue
Do any audio or video recordings exist of any interviews or conversations you have had with your lawyer in this case?
2. Rule 34 Request for Production directed to Bennaza from Cue:
Provide any audio or video recordings of any interviews or conversations you have had with your lawyer in this case.
3. Rule 34 request for production directed to Bennaza's lawyer from Village of Kenilworth
Provide any notes or memoranda regarding this case
4. Rule 33 interrogatory directed to Bennaza from Village of Kenilworth:
With whom have you discussed this case, other than your lawyer?
5. Rule 30 deposition of Bennaza's roommate, a law student who is helping him on the case:
What did Austin tell you about the night he got stopped by Officer Cue?
5A. Rule 30 deposition of Bennaza's lawyer:
"What is your impression of your client? Do you believe his version of the story? Do you think a jury would believe it?"
Christensen v. Bicycle Messengers
6. Rule 35 request for physical examination
That Ryan Christenson present himself at the corner of Michican Avenue and Wacker Drive at 4:30 PM on Wednesday, 21 November, 2012, where he will be directed to ride a bicycle on a prescribed route that requires him to make several stops to drop off mock packages. His speed will be timed and the test will be recorded with a video camera. The test will be conducted twice, once with Christianson wearing his prosthesis, and a second time without his wearing it.
7. Rule 33 interrogatory directed to Christensen from Bicycle Messengers:
Do you know of any tests conducted regarding your ability to ride a bicycle since your injury?
8. Rule 34 request for production:
Provide any video recordings of tests conducted of your ability to ride a bicycle.
9. Rule 33 interrogatory directed to Ryan Christensen from Yamahonda
To your knowledge, has anyone made any engineering calculations regarding the effect of leg-protection bars on a motorcycle such as the one involved in your accident?
10. Rule 30 notice of deposition and Rule 34 request for production accompanied by Rule 45 subpoena directed to Christensen's friend, a mechanical engineering student
You are hereby notified that your deposition will be taken . . . Bring with you any engineering calculations you have regarding the effect of leg-protection bars on a motorcycle such as the one involved in Ryan Christensen's accident. Be prepared to explain any such calculations.
Specific categories of information
1. Lawyer interview with client - sometimes stump gets irritated and can't
wear leg for a few days; often happens after race; have to use crutches; can
ride bicycle but would be hard to carry packages up stairs unless backpack
(a) asked about conversation in deposition
(b) discloses in deposition
(c) asked at trial
2. Lawyer interview with fellow member of bicycle club, A - "superman"; Q- ever have a problem? A - Yes. Once we were on a cross country trip and something happened to his wooden leg and he was stranded-could have continued but didn't want to leave prosthesis
3. Lawyer interview with fellow club member, B - "superman"; never saw a problem, but heard about one on another trip.
4. Lawyer's memorandum to file: probably should not call this witness.
5. Send a video crew out with voc rehab specialist:
a. Video 1 - race - great results; ptf led the pack
b. Video 2 - race - crutches Velcroed to bicycle, shifted and lodged in spokes of wheel, vaulting Christianson off the bicycle
c. Video 3 - urban traffic - trouble getting prosthetic foot of of pedal, and fell over into traffic; narrowly avoided getting hit
d. Expert witness v. non-testifying expert v. lay witness
6. What options for dft? R.35? ask him to come voluntarily; if he won't be tested, does that enter into Work Product calculus?
consider: Fed.R.Civ.P. 26(b)(3) prerequisites for work product; Fed.R.Civ.P. 26(b)(4)(A) (witness-experts) & 26(b)(4)(B)(non-witness experts)
7. Yamahonda's lawyer confers with design engineer - "want you to be candid; what you tell me will be privileged"
-- instruction from higher level authority necessary?
8. Subpoena expert directly. See Rule 45(c)(3)(B)(iii).
8. Christianson's lawyer approaches engineer at Yamahonda; another messenger at Bicycle Messangers: any problem under MPPC 4.2?
Bennaza goes out drinking with his roommate. Falls off bar stool; "I'm almost as drunk as I was that night when I got stopped by the neanderthal Kenilworth cop. But I tell you what: I wasn't so drunk that I didn't scare him; he was terrified when I lunged at him . . . actually, I didn't lunge; I staggered toward him, but he thought I was lunging at him, attacking him; I was just handing him my my wallet, so he could find the damned driver's license himself. I lost my balance and he involuntarily grabbed it when he jerked away from me"
Bennaza goes out drinking with his lawyer and the same thing happens.
The roommate is there with the lawyer and is [isn't] a paralegal with the law