PLBA 304 Lecture 5: Notes-Week 5.docx
8 Mar 2014
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Discovery of evidence in the superior court of justice. Changes in january 2010 in order to streamline the discovery process as becoming to lengthy and costly. Close of pleadings when plaintiff delivers a reply or time for delivering a reply has expired (1) discovery plan (rule 29. 1) [changes] Parties agree on a written plan that covers the discovery process. Written plan to be prepared within 60 days of close of pleadings . Agree on relevant documents to be produced, Agree on scope of documents to be provided. Extent of discovery is to be proportionate to complexity of issues, importance of issues, and financial position of party. Damages can be calculated by rules of thumb . Importance of such a case significant importance. Include information stored electronically eg. databases- financial records, Requirement that these documents be preserved once litigation commences on is anticipated. Must be listed on affidavit of documents and subsequently produced.
