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A Practical Guide to Discovery and Depositions in Rhode Island

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  • Product Number: 2110334B00
  • Publication Date: 8/12/2019
  • Edition: 2nd Edition 2019
  • Copyright: © 2019 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    This two-volume manual is your best "how to" source for creating a discovery plan, drafting effective interrogatories and requests for production, conducting depositions, and taking on more than two dozen other challenges in modern-day discovery practice. Whether you're a beginning lawyer or a highly experienced litigator, A Practical Guide to Discovery and Depositions in Rhode Island has you covered.

    Recent updates:

    • Update: August 2019

      Dear Subscriber:

      Thank you for updating your reference library with the 2019 edition of A Practical Guide to Discovery and Depositions in Rhode Island. Highlights from the many topics addressed in this new edition include

      • amendments to the Superior Court Rules of Civil Procedure relating to the discovery of electronically stored information (ESI), including the establishment of a safe harbor for information lost as a result of the good faith application of an ESI system;
      • decisions of the Rhode Island courts concerning claims of attorney-client privilege and attorney work product, including a ruling that assertions of attorney-client privilege must be made on a question-by-question basis;
      • ethics guidance regarding referral of clients to a document retrieval company in which the attorney has an undisclosed financial interest;
      • depositions of medical professionals in medical malpractice cases;
      • the pleading burden imposed on a party seeking to establish that the plaintiff's mental or physical condition is in controversy;
      • guidance on requesting medical information pursuant to the HITECH Act;
      • the legal standards applicable to the use of interpreters at physical or mental examinations;
      • the Rhode Island Supreme Court's rejection of a claim that prenuptial and postnuptial agreements were drafted in anticipation of litigation;
      • a brief discussion of the Uniform Interstate Depositions and Discovery Act (UIDDA), which has been considered in Rhode Island but not yet adopted;
      • a pending proposal to expand discovery with respect to materials relied on by testifying experts and a Rhode Island Supreme Court decision on who constitutes a nontestifying expert for purposes of the discovery rules; and
      • an update on the operations of the Superior Court Business Calendar.

      We trust you will find the 2019 edition of A Practical Guide to Discovery and Depositions in Rhode Island a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

      Cordially,

      John M. Lawlor, Esq., MCLE Publications Attorney

  • Table of Contents

    Table of Contents

    expand all
    Chapter 1 expand

    An Introduction to Rhode Island Discovery Practice

    Buy Chapter
    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, 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, Rules of Professional Conduct) Buy Form
    Chapter 3 expand

    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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    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., Rhode Island Office of the Attorney General
    Rebecca J. Partington, Esq., Rhode Island Office of the Attorney General

    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, P.C.

    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 E-Mail Buy Form

    Exhibit 9B

    - Sample Fax Cover Sheet 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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    Exhibit 11A

    - Sample Request for Production of Documents Buy Form

    Exhibit 11B

    - Sample Response to Request for Production of Documents Buy Form

    Exhibit 11C

    - Proposed Amendment to Rule 26 Buy Form
    Chapter 12 expand

    Organizing Documents Identified During Discovery; Document Management by Going Paperless

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    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

    - 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

    Checklist 17.1

    - 30(b)(6) Preliminary Matters Checklist 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., Littler Mendelson. PC

    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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    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

    Buy Chapter
    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

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

    Exhibit 23G

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

    Exhibit 23H

    - Sample Cover Letter Buy Form

    Exhibit 23I

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

    Exhibit 23J

    - 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 23K

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

    Exhibit 23L

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

    Exhibit 23M

    - Bibliography Buy Form
    Chapter 24 expand

    Discovery Motions and Appeals

    Buy Chapter
    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

    Buy Chapter
    Thomas S. Hemmendinger, Esq., Brennan, Recupero, Cascione, Scungio & McAllister

    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

    - Proposed Rhode Island Rule of Evidence 502 Buy Form

    Exhibit 25J

    - Sample Clawback Order Buy Form
    Chapter 26 expand

    Discovery Relating to Experts

    Buy Chapter
    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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    Chapter 28 expand

    Discovery Before the RICHR

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    Francis A. Gaschen, Esq., Rhode Island Commission for Human Rights
    Chapter 29 expand

    Discovery in Alternative Forums—Administrative Agencies

    Buy Chapter
    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

    Buy Chapter
    Chapter 31 expand

    Discovery for Court-Annexed Arbitrations and Mediations

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    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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    Leah J. Donaldson, Esq., Schacht & McElroy

    Exhibit 33A

    - Sample Protective and Confidentiality Order Buy Form

    Exhibit 33B

    - Sample Order for Master Discovery Sets Buy Form

    Exhibit 33C

    - Ex Parte Communication with Treating Physicians Buy Form
  • Editors & Authors

    Editor(s)

    Mark B. Morse, Esq., Law Office of Mark B. Morse, Providence

    Editor Emeritus/a

    Hon. Patricia A. Hurst, Rhode Island Superior Court, Providence

    Ethical Commentator(s)

    Barbara L. Margolis, Esq., Rhode Island Supreme Court, Office of Disciplinary Counsel, Warwick

    Author(s)

    Jennifer A. Barry, Esq., Decof, Decof & Barry, Providence
    Patrick C. Barry, Esq., Decof, Decof & Barry, PC, Providence
    Jessica Basso, Esq., Basso Law LLC, Providence
    Gil A. Bianchi, Esq., Bianchi Brouillard Sousa & O'Connell, P.C., Providence
    Michael R. Bottaro, Esq., Bottaro Law Firm, LLC, Cranston
    Sean K. Brousseau, Esq., Hodosh, Spinella & Angelone PC, Providence
    John L. Calcagni, III., Esq., Law Office of John L. Calcagni, III, Providence
    Joshua E. Carlin, Esq., Hanson Curran LLP, Providence
    Peter J. Comerford, Esq., Coia & Lepore, Ltd, Providence
    Sonja L. Deyoe, Esq., Law Offices of Sonja L. Deyoe, Providence
    Megan Maciasz DiSanto, Esq., The City of Providence, Solicitors Office, Providence
    Leah J. Donaldson, Esq., Schacht & McElroy, Providence
    Michael W. Field, Esq., Rhode Island Office of the Attorney General, Providence
    Kelly Fracassa, Esq., Naccarato & Fracassa, Westerly
    Francis A. Gaschen, Esq., Rhode Island Commission for Human Rights, Providence
    Laura C. Harrington, Esq., Harrington Law Group, PC, Newport
    Thomas S. Hemmendinger, Esq., Brennan, Recupero, Cascione, Scungio & McAllister, Providence
    Dana M. Horton, Esq., Robinson+Cole LLP, Providence
    John F. Kelleher, Esq., LaSalle & Kelleher, P.C., Providence
    Brooks R. Magratten, Esq., Pierce Atwood LLP, Providence
    Erica M. O'Connell, Esq., Bianchi Brouillard Sousa & O'Connell, P.C., Providence
    Jeffrey M. Padwa, Esq., PADWA LAW, Providence
    Rebecca J. Partington, Esq., Rhode Island Office of the Attorney General, Providence
    Michael Patrick Quinn, Jr., Esq., Decof, Barry, Mega & Quinn, P.C. , Providence
    Mark T. Reynolds, Esq., Reynolds, Demarco & Boland Ltd, Providence
    Raymond M. Ripple, Esq., Littler Mendelson. PC, Providence
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