Civil Lit I-Rule 26 Worksheet

1. Under Rule 26, FRCP, what, if any, limitations are placed on what information and materials that may
be requested in discovery? Does information or material requested have to be admissible at trial?

2. Under Rule 26 SCRCP, what, if any, limitations are placed on what information and materials that may
be requested in discovery? Does information or material requested have to be admissible at trial?
Parties may obtain discovery regarding any matter, not privileged, which is relevant to the
subject matter involved in the pending action, whether it relates to the claim or defense of the
party seeking discovery or to the claim or defense of any other party, including the existence,
description, nature, custody, condition and location of any books, documents, or other tangible
things and the identity and location of persons having knowledge of any discoverable matter. It is
not ground for objection that the information sought will be inadmissible at the trial if the
information sought appears reasonably calculated to lead to the discovery of admissible
evidence. The only real limit is attorney work product and documents that are subject to
attorney/client priveledge. It does not have to be admissible.

3. Does Rule 26, FRCP require a discovery planning conference? If required, when must it be held? Cite
all applicable rules.

4. Does Rule 26, SCRCP require a discovery planning conference? If required, when must it be held? Cite
all applicable rules.

SCRCP: RULE 26 ORDERS

(a) Findings of Fact. An order or judgment pursuant to an adjudication in a domestic relations case shall
set forth the specific findings of fact and conclusions of law to support the court's decision.
(b) Certification. By signing his name to an order in a domestic relations case, the judge certifies
compliance with this rule.
(c) Time for Issuing. Except under exceptional circumstances, an order in a domestic relations case shall
be issued as soon as possible after the hearing, but not later than 30 days thereafter.

5. Under Rule 26, FRCP, what information must be provided to the other parties in the initial disclosures?
Are initial disclosures required by Rule 26, SCRCP? In general, when must initial disclosures be
made? Cite all applicable rules.
6. Under Rule 26, FRCP what are the rules with regard to the timing and sequence of discovery? What
about Rule 26, SCRCP? Cite all applicable rules.

7. What is a parties’ duty to supplement its discovery responses under Rule 26, FRCP? Rule 26, SCRCP?
Cite all applicable rules.

8. Under Rule 26, FRCP, what information must be provided in pre-trial disclosures? When must pre-trial
disclosures be made? Does Rule 26, SCRP address pre-trial disclosures? Cite all applicable rules.

9. Under Rule 26, FRCP, what is the rule with regarding to signing disclosures and discovery requests and
responses—what is the attorney or party certifying by signature? What is the S.C rule with regard to
signing of discovery requests and responses? Cite all applicable rules.