Common use of Scope of Discovery Clause in Contracts

Scope of Discovery. Discovery will be limited to the request for and production of documents, depositions and interrogatories. Interrogatories will be allowed only as follows: a Party may request the other Party to identify by name, last known address and telephone number (i) all persons having knowledge of facts relevant to the Dispute and a brief description of that person's knowledge, (ii) any experts who may be called as an expert witness, the subject matter about which the expert is expected to testify, the mental impressions and opinions held by the expert and the facts known by the expert (regardless of when the factual information was acquired) which relate to or form the basis for the mental impressions and opinions held by the expert and (iii) any experts who have been used for consultation, but who are not expected to be called as an expert witness, if such consulting expert's opinions or impressions have been reviewed by an expert witness. All discovery will be guided by the Federal Rules of Civil Procedure. All issues concerning discovery upon which the Parties cannot agree will be submitted to the arbitrator for determination.

Appears in 2 contracts

Samples: Professional Services Agreement (Xcarenet Inc), Professional Services Agreement (Xcarenet Inc)

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Scope of Discovery. Discovery will be limited to the request for and production of documents, depositions and interrogatories. Interrogatories will be allowed only as follows: a Party may request the other Party to identify by name, last known address and telephone number (i) all persons having knowledge of facts relevant to the Dispute dispute and a brief description of that person's ’s knowledge, (ii) any experts who may be called as an expert witness, the subject matter about which the expert is expected to testify, the mental impressions and opinions held by the expert and the facts known by the expert (regardless of when the factual information was acquired) which that relate to or form the basis for the mental impressions and opinions held by the expert expert, and (iii) any experts who have been used for consultation, but who are not expected to be called as an expert witness, if such consulting expert's ’s opinions or impressions have been reviewed by an expert witness. All discovery will be guided by the Federal Rules of Civil Procedure. All issues concerning discovery upon which the Parties cannot agree will be submitted to the arbitrator for determination.

Appears in 1 contract

Samples: Professional Services Agreement (Allegheny Energy, Inc)

Scope of Discovery. Discovery will shall be limited to the request for and production of documents, depositions and interrogatories. Interrogatories will shall be allowed only as follows: a Party party may request the other Party party to identify by name, last known address and telephone number (i) all persons having knowledge of facts relevant to the Dispute dispute and a brief description of that person's ’s knowledge, ; (ii) any experts who may be called as an expert witness, the subject matter about which the expert is expected to testify, the mental impressions and opinions held by the expert and the facts known by the expert (regardless of when the factual information was acquired) which relate to or form the basis for the mental impressions and opinions held by the expert expert; and (iii) any experts who have been used for consultation, but who are not expected to be called as an expert witness, if such consulting expert's ’s opinions or impressions have been reviewed by an expert witness. All discovery will shall be guided by the Federal Texas Rules of Civil Procedure. All issues concerning discovery upon which the Parties parties cannot agree will shall be submitted to the arbitrator for determination.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Tejas Inc)

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Scope of Discovery. Discovery will be limited to the request for and production of documents, depositions and interrogatories. Interrogatories will be allowed only as follows: a Party may request the other Party to identify by name, last known address and telephone number (i) all persons having knowledge of facts relevant to the Dispute and a brief description of that person's ’s knowledge, (ii) any experts who may be called as an expert witness, the subject matter about which the expert is expected to testify, the mental impressions and opinions held by the expert and the facts known by the expert (regardless of when the factual information was acquired) which relate to or form the basis for the mental impressions and opinions held by the expert and (iii) any experts who have been used for consultation, but who are not expected to be called as an expert witness, if such consulting expert's ’s opinions or impressions have been reviewed by an expert witness. All discovery will be guided by the Federal Rules of Civil Procedure. All issues concerning discovery upon which the Parties cannot agree will be submitted to the arbitrator for determination.

Appears in 1 contract

Samples: Agreement for Information Technology Services (Franklin Covey Co)

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