A Practical Guide to Discovery and Depositions in Connecticut

Your Trusted Ally For First Circuit Practice

Product Number: 2214291WFM
Publication Date: 6/4/2021
Edition: 2nd Edition 2021
Copyright: © 2021 MCLE, Inc.
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A Practical Guide to Discovery and Depositions in Connecticut

Your Trusted Ally For First Circuit Practice

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Product Description
Product Description

A unique ally in pursuing or defending your federal civil cases and appeals, Federal Civil Litigation in the First Circuit gives you authority and insight into the many aspects of federal civil practice. From the threshold dispositive motion through civil appellate practice, this manual guides you through the phases of litigation. Each chapter is full of case citations-over 1,000 cases-cited as well as federal rules authority and advice specific to practice in the First Circuit. Featured chapters offer you valuable information on practice within the various districts within the First Circuit; the Districts of Massachusetts, Rhode Island, New Hampshire, Maine and Puerto Rico. Selected exhibits, including sample forms, critical standing orders, checklists and selected references get you the information you need to practice knowledgeably.

The editors of this practical guide to First Circuit practice have carefully selected federal court practitioners who collectively have hundreds of years of experience in First Circuit courtrooms, trying and appealing cases that have made legal history!

Recent updates:
- Update: September 2021
  Dear Subscriber:
  
  Thank you for choosing to keep your copy of Federal Civil Litigation in the First Circuit current with this latest supplement for 2021. Inside, you will find new material on a spectrum of topics, including the following:
  - Summary judgment. See chapter 1, Exhibit 1A for several newly added case decisions regarding summary judgment in various courts within the First Circuit, many of them very recently decided.
  - Highly sensitive documents. See chapter 3 for a new discussion of the U.S. District Court for the district of Massachusetts' Standing Order 21-1 (Order Regarding Highly Sensitive Documents, Service, and Management) in response to recent disclosures of widespread breaches of both private sector and government computer systems.
  - Deposition practice. Chapter 3 also includes a practice note on depositions by written examination.
  - Sanctions. See chapter 5 for discussion of recent District Court decisions that have found jurisdiction to resolve motions for sanctions under Rules 30(d) and 37 notwithstanding a pending appeal, as long as the issues on appeal are separate from the issues raised in the sanctions motion.
  - Sealed motions. See chapter 10, which notes the Local Rule 11.0(c) provision with regard to sealing motions in the District Court for transmission to the Court of Appeals and the impact on public documents.
  - Electronic filing and formatting requirements. Also see chapter 10 for information electronic filing requirements and formatting requirements under Fed. R. App. P. 25(a)(2)(B)(i) and Loc. R. 25(a)(3) and (4).
  - "State Created Danger" theory. See chapter 12 for discussion of a 2020 Maine case wherein the First Circuit adopted the "State Created Danger" theory of substantive due process liability and also denying qualified immunity to police officers under this theory.
  - Racketeering. See chapter 13 for a 2021 case on the issue of the RICO "direct relationship" requirement, linking predicate acts and a plaintiff's injuries.
  - Discovery disputes. Find a practice not in chapter 17 that provides information on particular judges' practices.
  We at MCLE trust that you will find this new material useful in your law practice, and valuable in keeping your law library current.
  
  Cordially,
  
  Maryanne G. Jensen, Esq., MCLE Director of Publications
- Update: August 2019
  Dear Subscriber:
  
  Thank you for choosing to update your federal civil litigation law library with this first supplementary issue for the third edition of Federal Civil Litigation in the First Circuit.
  - Service of process: See Chapter 1 for an appellate decision that dismissed a complaint for insufficient service of process where service on a corporation was addressed to the corporation rather than an officer or member.
  - Sanctions: See Chapter 2 for a cite to Trump v. International Refugee Assistance Project , 137 S. Ct. 2080 (2017), which commented on preliminary injunction as a means whereby to balance the equities as the litigation moves forward.
  - Discovery: See Chapter 3 for a Practice Note on the topic of parties' agreement to identify documents by general category in their initial disclosures. Read about the exceptions to this practice.
  - Attorney fees: See Chapter 8, which addresses a 2019 Supreme Judicial Court decision regarding the fee-shifting provisions of the Massachusetts Wage Act, G.L. c. 149, §§ 148 and 150, as it applied to former employees who received a favorable settlement of their wage claim against their employer, and "prevailed" in their suit for purposes of an award of attorney fees under the Wage Act.
  - Selected federal evidentiary issues: See Chapter 6 for new distinctions between federal and Massachusetts practice with regard to evidentiary issues.
  - ADR: See Chapter 9 for an updated list of the ADR local rules citations, dates of currency, and Web addresses.
  - Rule 16: See Chapter 11 for a new discussion of instances wherein leave to amend the complaint is sought after the cutoff date established in the order, and the "good cause" standard imposed by Fed. R. Civ. P. 16(b).
  - Superfund: See Chapter 16 for discussion of dicta in a 2018 case in the District of Massachusetts, where the court distinguished between removal and remedial actions and determined when a removal action transitions to a remedial action.
  - Foreign judgments: See Chapter 22 for new discussion concerning awards within the New York Convention.
  This is just a small sample of the updates to be found in the 2019 supplement. We at MCLE trust that you will find this new material to be useful in your federal civil litigation practice, and valuable in keeping your law library current.
  
  Cordially,
  
  Maryanne G. Jensen, Esq., MCLE Director of Publications
- Update: July 2017
  Dear Subscriber:
  
  Thank you for choosing to update your federal civil litigation law library with this third edition of Federal Civil Litigation in the First Circuit.
  - See Chapter 1 for summaries of eight federal decisions on the topic of employment discrimination law.
  - See Chapter 3 for discussion of recent developments relative to discov-ery.
  - See Chapter 5 for an interesting treatment of the impact of foreign ju-risdictions on Rule 11 sanctions.
  - See Chapter 6 for information on the doctrine of verbal completeness, where a statement is offered against a defendant as an admission.
  - See Chapter 9 for new commentary relative to arbitration and its impact on case management.
  This is just a small sample of the updates to be found in the third edition.
  
  We at MCLE trust that you will find this new material to be useful in your feder-al civil litigation practice, and valuable in keeping your law library current.
  
  Cordially,
  
  Maryanne G. Jensen, Esq., MCLE Director of Publications
Table of Contents

Table of Contents
expand all

Chapter 1 expand

Discovery Planning and Investigation
Buy Chapter
Michael J. Coolican, Esq.,
Gregory W. Nye, Esq.,

Checklist 1.1
- Creating a Discovery Plan Buy Form

Checklist 1.2
- Fact-Gathering Stage of Litigation Buy Form

Checklist 1.3
- Types of Formal Discovery in Civil Litigation Buy Form

Exhibit 1A
- Sample Discovery Budget Buy Form

Chapter 2 expand

Preservation and Spoliation of Evidence
Buy Chapter
Rhonda J. Tobin, Esq., Robinson+Cole LLP
Jeffrey J. White, Esq., Robinson+Cole LLP

Exhibit 2A
- Sample Documents for a Client Pertaining to a Litigation Hold Buy Form

Exhibit 2B
- Sample Litigation Hold Letter Sent to Opposing Counsel Buy Form

Chapter 3 expand

Scope of Discovery
Buy Chapter
Hon. Rupal Shah Palanki, Connecticut Superior Court

Chapter 4 expand

Expert Discovery, Expert Testimony, and Trial Considerations
Buy Chapter
Elizabeth A. Alquist, Esq., Day Pitney LLP
David J. Elliott, Esq.,

Checklist 4.1
- Outline for Expert Deposition: Products Liability Case Buy Form

Chapter 5 expand

Protecting Confidential Information
Buy Chapter
Drew J. Cunningham, Esq., Carmody Torrance Sandak & Hennessey LLP
Todd R. Michaelis, Esq., Carmody Torrance Sandak & Hennessy LLP
Ann H. Rubin, Esq., Carmody Torrance Sandak & Hennessy LLP

Exhibit 5A
- Annotated Protective Order Template Buy Form

Exhibit 5B
- Motion for Stipulated Protective Order Buy Form

Exhibit 5C
- Stipulated Protective Order Buy Form

Exhibit 5D
- Motion to Seal (State Superior Court) Buy Form

Exhibit 5E
- Memorandum in Support of Motion to Seal Buy Form

Exhibit 5F
- Motion to Seal (Federal District Court) Buy Form

Chapter 6 expand

Interrogatories
Buy Chapter
Tanya A. Bovee, Esq., Jackson Lewis LLP
Sally Welch St. Onge, Esq., Jackson Lewis LLP

Exhibit 6A
- Form 201: Plaintiff’s Interrogatories Buy Form

Exhibit 6B
- Form 202: Defendant’s Interrogatories Buy Form

Exhibit 6C
- Form 203: Plaintiff’s Interrogatories—Premises Liability Cases Buy Form

Exhibit 6D
- Form 208: Defendant’s Supplemental Interrogatories—Workers’ Compensation Benefits—No Intervening Plaintiff Buy Form

Exhibit 6E
- Form 210: Defendant’s Interrogatories—Workers’ Compensation Benefits—Intervening Plaintiff Buy Form

Exhibit 6F
- Form 212: Defendant’s Interrogatories—Loss of Consortium Buy Form

Exhibit 6G
- Form 213: Plaintiff’s Interrogatories—Uninsured/Underinsured Motorist Cases Buy Form

Exhibit 6H
- Form 214: Defendant’s Interrogatories—Uninsured/Underinsured Motorist Cases Buy Form

Chapter 7 expand

Requests for Production, Inspection, and Examination
Buy Chapter
James A. Budinetz, Esq., McElroy, Deutsch, Mulvaney, & Carpenter LLP
Steven Lapp, Esq., McElroy Deutsch Mulvaney Carpenter LLP
Peter J. Zarella, Esq., McElroy Deutsch Mulvaney Carpenter LLP

Exhibit 7A
- Plaintiff’s Requests for Production (Form 204) Buy Form

Exhibit 7B
- Defendant’s Requests for Production (Form 205) Buy Form

Exhibit 7C
- Plaintiff’s First Request for Production of Documents Buy Form

Exhibit 7D
- Defendant’s Responses and Objections to Plaintiff’s Requests for Production of Documents Buy Form

Exhibit 7E
- Discovery and Deposition Dispute Order Buy Form

Exhibit 7F
- Request for Adjudication of Discovery or Deposition Dispute Under Statewide Standing Order (Form JD-CV-119) Buy Form

Chapter 8 expand

Physical and Mental Health Examinations and Protected Health Information
Buy Chapter
Joseph B. Burns, Esq., Rome McGuigan

Chapter 9 expand

Admission of Facts and Execution of Writings
Buy Chapter
Barry J. Waters, Esq., Murtha Cullina LLP

Exhibit 9A
- Sample Notice of Service of Requests for Admission Buy Form

Exhibit 9B
- Sample Requests for Admissions Buy Form

Exhibit 9C
- Sample Responses to Requests for Admissions Buy Form

Exhibit 9D
- Sample Motion to Determine Sufficiency of Responses and to Deem Matters Admitted Buy Form

Exhibit 9E
- Sample Motion to Deem Requests for Admissions Admitted Buy Form

Exhibit 9F
- Sample Motion to Withdraw and Amend Responses Buy Form

Exhibit 9G
- Bibliography Buy Form

Chapter 10 expand

Depositions
Buy Chapter
Moy N. Ogilvie, Esq., McCarter & English LLP
Tara A. Sheldon, Esq., McCarter & English LLP

Exhibit 10A
- Sample Notice of Deposition Buy Form

Exhibit 10B
- Sample Motion for Commission Buy Form

Exhibit 10C
- Sample Motion to Quash Buy Form

Chapter 11 expand

Other Discovery Rules and Devices
Buy Chapter
Dominic Fulco, III, Esq., Reid and Riege PC
Agnes Romanowska, Esq., Reid and Riege, PC

Exhibit 11A
- Sample Motion for Prejudgment Disclosure of Assets Buy Form

Exhibit 11B
- Sample Application for Order Authorizing the Issuance of a Subpoena Duces Tecum Buy Form

Exhibit 11C
- Sample Motion for Appointment of Discovery Special Master, Pendente Lite Buy Form

Exhibit 11D
- Sample Order Regarding Discovery Special Master and Setting Procedures Buy Form

Exhibit 11E
- Sample Stipulation re: Referee for Discovery Disputes Buy Form

Chapter 12 expand

Motions for Orders of Compliance
Buy Chapter
Andrew M. Zeitlin, Esq., Shipman & Goodwin LLP

Exhibit 12A
- Defendants’ Motion to Compel Production of Medical Records Buy Form

Exhibit 12B
- Defendant’s Motion to Compel Plaintiff’s Signature on Authorization Forms Required to Obtain Plaintiff’s Updated Medical Records Buy Form

Exhibit 12C
- Plaintiff’s Motion to Compel and for Sanctions Buy Form

Exhibit 12D
- Motion for Order of Compliance Buy Form

Exhibit 12E
- Objection to Motion to Compel Buy Form

Exhibit 12F
- Defendants’ Objection to Motion to Compel Production Buy Form

Exhibit 12G
- Affidavit in Support of Defendant’s Objection to Motion to Compel Discovery Buy Form

Exhibit 12H
- Discovery and Deposition Dispute Order Buy Form

Exhibit 12I
- Request for Adjudication of Discovery or Deposition Dispute (Form JD-CV-119) Buy Form

Chapter 13 expand

Discovery of Electronically Stored Information
Buy Chapter
David A. Reif, Esq.,
Zane C. Riester, Esq.,
Alex A. Toribio, Esq.,
Makenzie Windfelder, Esq.,

Exhibit 13A
- Electronic Discovery Reference Model Buy Form

Exhibit 13B
- Sample Electronic Discovery Outline for Preparing or Deposing a Business Witness Buy Form

Exhibit 13C
- Sample Questionnaire for Interviewing Client Technology Personnel Buy Form

Exhibit 13D
- Sample Notices (Formal and Basic) Buy Form

Exhibit 13E
- Sample Preservation Letter Buy Form

Exhibit 13F
- Model Order Regarding Preservation Buy Form

Chapter 14 expand

Obtaining Information from Government Sources: FOIA
Buy Chapter
Michael D. Blanchard, Esq., Morgan, Lewis & Bockius LLP
Christopher M. Wasil, Esq., Morgan, Lewis & Bockius LLP

Chapter 15 expand

Using the Internet in Discovery and Investigation
Buy Chapter
Fatima Lahnin, Esq., Carmody Torrance Sandak & Hennessey LLP
Editors & Authors

Editor(s)

Sara R. Simeonidis, Esq., Jackson Lewis P.C., Hartford

Author(s)

Elizabeth A. Alquist, Esq., Day Pitney LLP, Hartford

Michael D. Blanchard, Esq., Morgan, Lewis & Bockius LLP, Hartford

Tanya A. Bovee, Esq., Jackson Lewis LLP, Hartford

James A. Budinetz, Esq., McElroy, Deutsch, Mulvaney, & Carpenter LLP , Hartford

Joseph B. Burns, Esq., Rome McGuigan, Hartford

Michael J. Coolican, Esq.,

Drew J. Cunningham, Esq., Carmody Torrance Sandak & Hennessey LLP, New Haven

David J. Elliott, Esq.,

Dominic Fulco, III, Esq., Reid and Riege PC, Hartford

Fatima Lahnin, Esq., Carmody Torrance Sandak & Hennessey LLP, New Haven

Steven Lapp, Esq., McElroy Deutsch Mulvaney Carpenter LLP, Hartford

Todd R. Michaelis, Esq., Carmody Torrance Sandak & Hennessy LLP, Waterbury

Gregory W. Nye, Esq.,

Moy N. Ogilvie, Esq., McCarter & English LLP, Hartford

David A. Reif, Esq., Branford

Zane C. Riester, Esq.,

Agnes Romanowska, Esq., Reid and Riege, PC, Hartford

Ann H. Rubin, Esq., Carmody Torrance Sandak & Hennessy LLP, Waterbury

Hon. Rupal Shah Palanki, Connecticut Superior Court, Hartford

Tara A. Sheldon, Esq., McCarter & English LLP, Hartford

Sally Welch St. Onge, Esq., Jackson Lewis LLP, Hartford

Rhonda J. Tobin, Esq., Robinson+Cole LLP, Hartford

Alex A. Toribio, Esq.,

Christopher M. Wasil, Esq., Morgan, Lewis & Bockius LLP, Hartford

Barry J. Waters, Esq., Murtha Cullina LLP, New Haven

Jeffrey J. White, Esq., Robinson+Cole LLP, Hartford

Makenzie Windfelder, Esq.,

Peter J. Zarella, Esq., McElroy Deutsch Mulvaney Carpenter LLP, Hartford

Andrew M. Zeitlin, Esq., Shipman & Goodwin LLP, Stamford

TOP

A Practical Guide to Discovery and Depositions in Connecticut

Your Trusted Ally For First Circuit Practice

A Practical Guide to Discovery and Depositions in Connecticut

Your Trusted Ally For First Circuit Practice

Your Selection:

Product Description

Recent updates:

Table of Contents

Discovery Planning and Investigation

Checklist 1.1

Checklist 1.2

Checklist 1.3

Exhibit 1A

Preservation and Spoliation of Evidence

Exhibit 2A

Exhibit 2B

Scope of Discovery

Expert Discovery, Expert Testimony, and Trial Considerations

Checklist 4.1

Protecting Confidential Information

Exhibit 5A

Exhibit 5B

Exhibit 5C

Exhibit 5D

Exhibit 5E

Exhibit 5F

Interrogatories

Exhibit 6A

Exhibit 6B

Exhibit 6C

Exhibit 6D

Exhibit 6E

Exhibit 6F

Exhibit 6G

Exhibit 6H

Requests for Production, Inspection, and Examination

Exhibit 7A

Exhibit 7B

Exhibit 7C

Exhibit 7D

Exhibit 7E

Exhibit 7F

Physical and Mental Health Examinations and Protected Health Information

Admission of Facts and Execution of Writings

Exhibit 9A

Exhibit 9B

Exhibit 9C

Exhibit 9D

Exhibit 9E

Exhibit 9F

Exhibit 9G

Depositions

Exhibit 10A

Exhibit 10B

Exhibit 10C

Other Discovery Rules and Devices

Exhibit 11A

Exhibit 11B

Exhibit 11C

Exhibit 11D

Exhibit 11E

Motions for Orders of Compliance

Exhibit 12A

Exhibit 12B

Exhibit 12C

Exhibit 12D

Exhibit 12E

Exhibit 12F

Exhibit 12G

Exhibit 12H

Exhibit 12I

Discovery of Electronically Stored Information

Exhibit 13A

Exhibit 13B

Exhibit 13C

Exhibit 13D

Exhibit 13E

Exhibit 13F

Obtaining Information from Government Sources: FOIA

Using the Internet in Discovery and Investigation