![]() ![]() Subject to the provisions of subdivision (b)(4) of this rule, a party may obtain discovery of documents and tangible things otherwise discoverable under subdivision (b)(1) of this rule and prepared in anticipation of litigation or for trial by or for another party or by or for that other party’s representative (including the party’s attorney, consultant, surety, indemnitor, insurer, or agent) only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of the party’s case and that the party is unable without undue hardship to obtain the substantial equivalent of the materials by other means. For purposes of this paragraph, an application for insurance shall not be treated as part of an insurance agreement. ![]() Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial. A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. The court may act upon its own initiative after reasonable notice or pursuant to a motion under subdivision (c). The discovery is unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, limitations on the parties’ resources, and the importance of the issues at stake in the litigation.The party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought or.The discovery sought is unreasonably cumulative or duplicative or is obtainable from some other source that is more convenient, less burdensome, or less expensive.The frequency or extent of use of the discovery methods set forth in subdivision (a) shall be limited by the court if it determines that: 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. 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. Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows: Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions written interrogatories production of documents or things or permission to enter upon land or other property for inspection and other purposes physical and mental examination and requests for admission. Depositions and Discovery General provisions governing discovery Failure to cooperate in discovery sanctions.Physical and mental examination of persons.Production of documents and things and entry upon land for inspection and other purposes.Use of depositions in court proceedings. ![]() Stipulations regarding discovery procedure.Persons before whom depositions may be taken.Depositions before action or pending appeal.
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