Product Description

Recent updates:

• Update: February 2022

  Dear Subscriber:

  Thank you for choosing to stay current in civil litigation with this third edition of A Practical Guide to Discovery and Depositions in Rhode Island . Inside, you will find new material on topics including the following:

  • Motions practice. See chapter 1 for two recent cases that have defined ethical obligations surrounding the attorney-client privilege and compliance with Rule 26.

  • Budgetary constraints; depositions. See chapter 2 for a citation to a case that discusses the "exceptional circumstances" standard and addresses the qualified privilege afforded by Rule 26(b)(4)(B) that precludes discovery of facts known and opinions held by a nontestifying expert.

  • Conducting client interviews; remote interviews. See chapter 4 for insights on the impact of COVID-19 on the interjurisdictional practice of law, and the use of videoconferencing and the displaying of documents remotely in preparation for arbitration. See also chapter 15 for more discussion of videoconferenced depositions and, in particular, the differences between recorded remote depositions and professionally videorecorded depositions.

  • Rule 30(b)(6). See chapter 17 for discussion of the 2020 amendment to Fed. R. Civ. P. 30(b)(6) that imposed a new "meet and confer" requirement, and the practical effect of the new requirements it imposes.

  • Rule 36. See chapter 20 for discussion of the differences between federal and Rhode Island courts with regard to the use of admissions.

  We at MCLE trust that you will find this new edition useful in your litigation and valuable in keeping your law library current.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

Table of Contents

Chapter 1 expand

An Introduction to Rhode Island Discovery Practice

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Hon. Patricia A. Hurst, Rhode Island Superior Court

Chapter 2 expand

Analyzing Discovery and Investigation Issues

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Keith E. Fayan, Fayan Law, P.C.

Exhibit 2A

- Lawyers’ Obligations to Clients: Standards for Professional Conduct Within the Rhode Island Judicial System (App. I, Supreme Court Rules of Professional Conduct) Buy Form

Exhibit 2B

- Lawyers’ Obligations to Opposing Parties and Their Clients: Standards for Professional Conduct Within the Rhode Island Judicial System (App. I, Supreme Court Rules of Professional Conduct) Buy Form

Chapter 3 expand

Creating a Discovery Plan

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Mark H. Grimm, Esq., Marasco & Nesselbush LLP

Exhibit 3A

- HITECH Letter from Client Buy Form

Exhibit 3B

- Sample Rule 30(b)(6) Deposition Notice Buy Form

Exhibit 3C

- Sample Miscellaneous Petition to Produce Records Buy Form

Exhibit 3D

- Sample Miscellaneous Petition to Perpetuate Testimony Buy Form

Exhibit 3E

- Motion to Modify Scheduling Order Buy Form

Chapter 4 expand

Selected Case Investigation Techniques

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Armando E. Batastini, Esq., Nixon Peabody LLP

Checklist 4.1

- Checklist for Client Interviews Buy Form

Chapter 5 expand

Conducting Internal Investigations

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Mark T. Reynolds, Esq., Reynolds, Demarco & Boland Ltd

Exhibit 5A

- Selected Bibliography Buy Form

Chapter 6 expand

Obtaining Information from Rhode Island State and Local Government Sources

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Michael W. Field, Esq., Attorney General Civil Division

Exhibit 6A

- Sample Request Letter Buy Form

Exhibit 6B

- Sample Denial Letter Buy Form

Exhibit 6C

- State Agencies Contact Information Buy Form

Exhibit 6D

- State Government Contact Information Buy Form

Chapter 7 expand

Using the Internet in Discovery and Investigation

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Michael Patrick Quinn, Jr., Esq., Decof, Barry, Mega & Quinn, P.C.

Chapter 8 expand

Spoliation and Preservation of Evidence

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Erica M. O'Connell, Esq., Bianchi Brouillard Sousa & O'Connell, PC

Exhibit 8A

- Sample Jury Instruction on Spoliation Buy Form

Chapter 9 expand

Protecting Confidential and Privileged Information Before and During Discovery

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John L. Calcagni, III., Esq., Law Office of John L. Calcagni, III

Exhibit 9A

- Sample Email Buy Form

Exhibit 9B

- Sample Fax Coversheet Buy Form

Exhibit 9C

- Sample Privilege Log Buy Form

Exhibit 9D

- Sample Motion for Protective Order Buy Form

Exhibit 9E

- Sample Protective Order Buy Form

Exhibit 9F

- Stipulated Confidentiality Order Buy Form

Exhibit 9G

- Sample Stipulated “Counsel Only” Protective Order Buy Form

Chapter 10 expand

Interrogatories

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Peter J. Comerford, Esq., Coia & Lepore, Ltd

Exhibit 10A

- Plaintiffs’ Motion to Compel Defendant’s Answers to Interrogatories and Request for Production Buy Form

Exhibit 10B

- Conditional Order Buy Form

Exhibit 10C

- Plaintiff’s Interrogatories Propounded to Defendant Buy Form

Exhibit 10D

- Defendant’s Interrogatories Propounded to Plaintiff Buy Form

Chapter 11 expand

Requests for Documents and Things and for Entry upon Land

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Stanley F. Pupecki, Esq., Rice, Dolan & Kershaw

Exhibit 11A

- Sample Request for Production of Documents Buy Form

Exhibit 11B

- Sample Response to Request for Production of Documents Buy Form

Chapter 12 expand

Organizing Documents Identified During Discovery; Document Management by Going Paperless

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Timothy J. Conlon, Esq., Burns & Levinson LLP
Laura C. Harrington, Esq., Harrington Law Group, PC

Chapter 13 expand

Depositions

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John S. Foley, Esq., Foley Cerilli, PC

Chapter 14 expand

Deposing Medical and Technical Experts

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Patrick C. Barry, Esq., Decof, Decof & Barry, PC

Exhibit 14A

- Excerpts from Rule 26 of the Rhode Island Superior Court Rules of Civil Procedure Buy Form

Exhibit 14B

- General Provisions Governing Discovery; Duty of Disclosure Buy Form

Exhibit 14C

- Sample Language Requesting That Deponent Bring Documents to Deposition Buy Form

Chapter 15 expand

Audiovisual Depositions

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Megan Maciasz DiSanto, Esq., The City of Providence, Solicitors Office
Jeffrey M. Padwa, Esq., PADWA LAW

Exhibit 15A

- Stipulation for a Video Deposition Buy Form

Chapter 16 expand

The Recordkeeper Deposition

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Michael R. Bottaro, Esq., Bottaro Law Firm, LLC

Exhibit 16A

- Sample Cover Letter to Enclose with Subpoena Duces Tecum Buy Form

Exhibit 16B

- Sample KOR Deposition Questions (Records Only) Buy Form

Exhibit 16C

- Sample KOR Deposition (Live Testimony) Buy Form

Chapter 17 expand

Rule 30(b)(6)

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Paul M. Kessimian, Esq., Partridge Snow & Hahn LLP
Howard A. Merten, Jr., Esq., Partridge Snow & Hahn LLP

Checklist 17.1

- Checklist of 30(b)(6) Preliminary Matters Buy Form

Exhibit 17A

- Sample Notice of Rule 30(b)(6) Deposition Buy Form

Chapter 18 expand

Deposing Accountants and Economists

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Raymond M. Ripple, Esq., Bowditch & Dewey LLP

Checklist 18.1

- Checklist of Information Needed for Economic Appraisal Buy Form

Chapter 19 expand

Physical and Mental Examinations

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Sean K. Brousseau, Esq., Hodosh, Spinella & Angelone PC

Chapter 20 expand

Requests for Admissions

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Maurice J. Cusick, Esq.,

Chapter 21 expand

Obtaining Medical Records

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Gil A. Bianchi, Esq., Bianchi Brouillard Sousa & O'Connell, P.C.

Exhibit 21A

- R.I.G.L. § 5-37.3-4 Buy Form

Exhibit 21B

- Sample Authorization for Use of Protected Health-Care Information Buy Form

Chapter 22 expand

Attorney-Client Communications Privilege and the Work-Product Doctrine

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John F. Kelleher, Esq., LaSalle & Kelleher, P.C.

Chapter 23 expand

Discovery from Out of State and Foreign Nonparty Witnesses

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Dana M. Horton, Esq., Robinson+Cole LLP

Exhibit 23A

- Motion for Issuance of Commissions Buy Form

Exhibit 23B

- Order for Commission to Take Deposition and Issue Out-of-State Subpoena Buy Form

Exhibit 23C

- Proposed Order Pursuant to New Jersey Court Rule 4:11-4 Buy Form

Exhibit 23D

- Subpoena for Issuance to New Jersey Witness Buy Form

Exhibit 23E

- Deposition Notice Buy Form

Exhibit 23F

- Uniform Law Commission, Uniform Interstate Deposition and Discovery Act: A Summary Buy Form

Exhibit 23G

- Uniform Law Commission, How to Use the Uniform Interstate Deposition and Discovery Act Buy Form

Exhibit 23H

- Application for Issuance of Request for the Examination of Witness Pursuant to the Hague Convention for the Taking of Evidence Abroad Buy Form

Exhibit 23I

- Request for International Judicial Assistance Pursuant to the Hague Convention Buy Form

Exhibit 23J

- Sample Cover Letter Buy Form

Exhibit 23K

- Originating Motion and Associated Papers for Filing with Australian Court Buy Form

Exhibit 23L

- Miscellaneous Petition for Issuance of Subpoena(s) to Compel Deposition and/or Inspection of Documents for Use in an Out-of-State Action Buy Form

Exhibit 23M

- Motion for Order to Issue Subpoena for Use in Foreign Litigation Buy Form

Exhibit 23N

- Proposed Order Issuing Subpoena in Rhode Island for Use in Foreign Litigation Buy Form

Exhibit 23O

- Rhode Island Uniform Interstate Deposition and Discovery Act Buy Form

Exhibit 23P

- Rhode Island Foreign Subpoena Civil Form (Superior-70) Buy Form

Exhibit 23Q

- Bibliography Buy Form

Chapter 24 expand

Discovery Motions and Appeals

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Kelly Fracassa, Esq., Naccarato & Fracassa

Exhibit 24A

- Motion to Shorten Time to Serve Answers to Interrogatories Buy Form

Exhibit 24B

- Motion to Compel Answer to Deposition Question Buy Form

Exhibit 24C

- Motion to Compel Answers to Interrogatories Buy Form

Exhibit 24D

- Motion to Compel Attendance at Deposition Buy Form

Exhibit 24E

- Motion to Compel More Responsive Answers to Interrogatories Buy Form

Exhibit 24F

- Motion to Compel Production of Documents Buy Form

Exhibit 24G

- Motion to Default Buy Form

Exhibit 24H

- Motion to Dismiss Buy Form

Exhibit 24I

- Motion to Determine Sufficiency of Responses to Request for Admissions Buy Form

Exhibit 24J

- Motion for Entry of Final Judgment of Dismissal Buy Form

Exhibit 24K

- Motion to Take Deposition Less than Thirty Days After Service of Complaint Buy Form

Exhibit 24L

- Motion to File Request for Production with Response Date of _____ Buy Form

Exhibit 24M

- Motion to Propound More than Thirty Interrogatories Buy Form

Exhibit 24N

- Motion for Protective Order Buy Form

Exhibit 24O

- Motion to Take Deposition by Telephone Buy Form

Chapter 25 expand

Electronic Discovery

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Dana M. Horton, Esq., Robinson+Cole LLP

Exhibit 25A

- E-Discovery Bibliography Buy Form

Exhibit 25B

- Excerpt from the Sedona Guidelines (Best Practice Guidelines & Commentary for Managing Information & Records in the Electronic Age, Second Edition) Buy Form

Exhibit 25C

- Sample Litigation Hold Notice to Client Buy Form

Exhibit 25D

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

Exhibit 25E

- Sample Questionnaire for Interviewing Client Technology Personnel Buy Form

Exhibit 25F

- Preservation Notice (Three Examples) Buy Form

Exhibit 25G

- Model Order Regarding Preservation Buy Form

Exhibit 25H

- Federal Rule of Evidence 502 Buy Form

Exhibit 25I

- Rhode Island Rule of Evidence 502 Buy Form

Exhibit 25J

- Sample Clawback Order Buy Form

Chapter 26 expand

Discovery Relating to Experts

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Jennifer A. Barry, Esq., Decof, Decof & Barry

Exhibit 26A

- Sample Expert Interrogatory Buy Form

Exhibit 26B

- Sample Scheduling Order Buy Form

Chapter 27 expand

Differences Between Federal and State Discovery Practice

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David R. Fitzpatrick, Esq., Pierce Atwood LLP
Brooks R. Magratten, Esq., Pierce Atwood LLP

Chapter 28 expand

Discovery Before the Rhode Island Commission for Human Rights

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John C. Bogue, Jr., Esq., Rhode Island Commission for Human Rights
Kate C. Brody, Esq., Rhode Island Commission for Human Rights

Chapter 29 expand

Discovery in Alternative Forums—Administrative Agencies

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Sonja L. Deyoe, Esq., Law Offices of Sonja L. Deyoe

Checklist 29.1

- Checklist for a Discovery Plan in a Contested Case Before an Administrative Agency Buy Form

Chapter 30 expand

Rhode Island Superior Court’s Business Calendar

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Jeffrey S. Brenner, Esq., Nixon Peabody LLP

Chapter 31 expand

Discovery for Court-Annexed Arbitrations and Mediations

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Jessica Basso, Esq., Basso Law LLC

Chapter 32 expand

Discovery in Medical Negligence Cases

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Joshua E. Carlin, Esq., Hanson Curran LLP

Exhibit 32A

- Sample Interrogatories in a Medical Malpractice Case, Issued by Defendant Buy Form

Exhibit 32B

- Sample Document Request Buy Form

Chapter 33 expand

Discovery in Mass Tort Litigation/Consolidated Cases

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Christina M. Behm, Esq., Motley Rice LLC
Jonathan D. Orent, Esq., Motley Rice LLC

Exhibit 33A

- Sample Docket Control Order Buy Form

Exhibit 33B

- Sample Production of Physically Stored and Electronically Stored Information Protocol Buy Form

Exhibit 33C

- Sample Stipulation Regarding Collection, Division and Preservation of Pathology Materials Buy Form

Exhibit 33D

- Sample Protective and Confidentiality Order Buy Form

Exhibit 33E

- Sample Order for Master Discovery Sets Buy Form

Exhibit 33F

- Ex Parte Communication with Treating Physicians Buy Form

Editor(s)

Editor Emerita

Ethical Commentator(s)

Author(s)