Guam Demand for Discovery in an Action for an Accounting

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Multi-State
Control #:
US-L0107C
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This document is the plaintiff's demand for discovery in a lawsuit filed by a former partner seeking an accounting of his former firm, when the partnership agreement did not provide for an accounting. It contains a request for production of documents.

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FAQ

(1) A party is under a duty seasonably to supplement the party's response with respect to any question directly addressed to (i) the identity and location of persons having knowledge of discoverable matters, and (ii) the identity of each person expected to be called as an expert witness at trial, the subject matter on ...

FRCP 26 (a): Initial Disclosures FRCP 26 (a) explains that, without exemption, the disclosing party needs to provide several types of information without awaiting a discovery request. This includes, among other things, the names and contact information for all parties with access to discoverable information or evidence.

(1) A party is under a duty to supplement at appropriate intervals its disclosures under subdivision (a) if the party learns that in some material respect the information disclosed is incomplete or incorrect and if the additional or corrective information has not otherwise been made known to the other parties during ...

The discovery process is governed by Federal Rules of Civil Procedure 26?37, 45, and the court's Local Civil Rules. Discovery generally begins after the defendant files an answer, the parties hold a discovery planning conference, and the judge issues a scheduling order.

After being notified, a party (i) must promptly return, sequester, or destroy the specified information and any copies it has, (ii) must not use or disclose the information until the claim is resolved, (iii) must take reasonable steps to retrieve the information if the party disclosed it before being notified, and (iv) ...

Rule 26 - Secure-Leave Periods for Attorneys (a)Definition; Entitlement. A "secure-leave period" is one complete calendar week that is designated by an attorney during which the superior courts and the district courts may not hold a proceeding in any case in which that attorney is an attorney of record.

Once the time passes, plaintiff is entitled to serve discovery without any procedural hurdles. However, in a federal court action, a party may not serve discovery until after the meeting of counsel under Federal Rule of Civil Procedure 26. This meeting is typically initiated by plaintiff's counsel.

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Guam Demand for Discovery in an Action for an Accounting