The poetic essence of the key rules of discovery.
Written using prompts of ChatGPT-4 to generate new poetry by Ralph C. Losey. Images by Dall-E and Losey.
Poet Judge Image by Losey and Dall-E
Rule 26 (b), Written as New Poetry, With Chat GPT.
In chambers of law, where discovery reigns,
A realm of relevance, the seeker gains,
Bound by order, the court’s command,
A world of knowledge, close at hand.
The scope of discovery, wide and far,
A tale of claims and defenses, a memoir,
Proportional to the needs of the case,
In balance with the issues, an intricate chase.
From the importance of issues, stakes arise,
To the amount contested, a sum that belies,
The parties’ resources and access to the truth,
A dance of discovery, both graceful and uncouth.
Yet, burden and expense play their part,
Their worth weighed against the knowledge they impart,
Discoverable matter, tangible and veiled,
The identities and locations, where knowledge is hailed.
Good cause may lead the court to order more,
To delve deeper into the subject matter’s core,
Though not admissible, the relevance may stay,
If the path of discovery leads to evidence that may sway.
But limitations are imposed, to keep it in check,
By order or local rule, a sturdy ship’s deck,
From interrogatories to depositions, the limits set,
The court governs the number, lest we forget.
Electronic data, a separate beast,
Accessibility and burden, on this we feast,
Yet, the court may order, with good cause shown,
To pierce the veil, a decision condoned.
As trial preparation beckons, the stage is set,
Materials and documents, a tableau we’ll not forget,
Protected, prepared, anticipating the fight,
Yet discoverable still, if the need shines a light.
Experts and their wisdom, a treasure to share,
Deposed and examined, their knowledge laid bare,
Draft reports and communications, a shield to protect,
Except when the facts and assumptions intersect.
Privilege and protection, these claims we respect,
Information withheld, a delicate subject,
Yet described with precision, without revealing the core,
A balance struck, in this legal folklore.
In this realm of discovery, the dance we perform,
Seeking truth and justice, the essence we transform,
A poetic journey through the legal maze,
In relevance and proportion, we shall spend our days.
Rule 37 (e), Written as New Poetry, with Chat GPT.
All Inspiration, Prompts Haiku QC by Me, Human Ralph Losey.
Sanctions Poetry Image by Losey and Dall-E
In courts of justice, where evidentiary electrons dwell,
A tale of preservation, we now shall tell,
Rule 37(e), a guiding light,
In a digital world, where data takes flight.
Spoliation looms, a shadow cast,
The duty to preserve, from present to past,
For parties engaged in legal dispute,
Electronically stored, the truth we pursue.
But failures arise, as humans we err,
Information lost, a dark specter to bear,
Reasonable steps, a standard to keep,
Yet, restoration and discovery, a challenge so steep.
The court takes the helm, its powers displayed,
In sanctions it wields, a judgment relayed,
Two paths diverge, based on consequence and intent,
A balance, a fairness, judicial temperament.
First, prejudice found, a burden to bear,
Measures imposed, no greater, they swear,
To cure the harm, the scales to align,
A tempered response, judicious design.
Yet, in darker corners, intent may reside,
To deprive others, the truth to hide,
A graver offense, the court must address,
With sanctions befitting, this willful transgress.
Three options emerge, a trio of fates,
Presumptions unfavorable, the court evaluates,
The jury instructed, to weigh the cost,
Of lost information, forever embossed.
Dismissal or default, the harshest decree,
When intent is clear, the court’s remedy,
A stark conclusion, the case to end,
No path to redemption, no chance to mend.
Through Rule 37(e), a story unfolds,
Of preservation and sanctions, a tale often told,
Spoliation confronted, with fairness and care,
A poetic reminder, in a digital world we share.
Big Rule 34, Written as New Poetry, with Chat GPT.
All Inspiration, Prompts Haiku QC by Me, Human Ralph Losey.
Poet Judge Image by Losey and Dall-E
In the realm of federal procedure, where justice oft’ weaves,
Rule 34, a tale of documents and electronically stored leaves,
A party’s quest to gather knowledge from the depths of cyberspace,
To bring forth truth and understanding in a legal embrace.
With scope laid out by Rule 26(b), the path to knowledge clear,
Request to produce, permit inspection, test, or sample, my dear,
From designated documents and data, to tangible things,
To entering lands and properties, where secrets may take wings.
Through writings, drawings, graphs, and charts, the stored information flows,
In photographs and sound recordings, a digital garden grows,
Translated by the diligent hand, to a form that all may see,
This rule, the guide, the cornerstone, of discovery’s decree.
The request must bear the hallmarks of a reasonable pursuit,
Particularity, time and place, in the inspection’s route,
A form or forms may be specified for electronic yield,
So harmony in production and requests may be revealed.
A time to respond, the clock begins, with thirty days to spare,
From service or, with Rule 26(d)(2), from the conference fair,
A shorter or a longer time, by stipulation or court’s decree,
The response, a dance of words, objections and discovery.
Each item met with an embrace, or an objection swift and true,
Grounds for such, with reasons laid, the path of knowledge to construe,
Copies offered in lieu of inspection, a gesture of goodwill,
But within the time specified or reasonable, the quest fulfill.
Objections, oh, objections! The shield against unwarranted pry,
Responsive materials withheld, the basis must not belie,
Partial objection, clear and specific, permit inspection of the rest,
In the dance of words and reason, the truth shall be undressed.
The form, the form, the electronic form, in which the data’s shown,
Objecting to the requested, or when no form was known,
The party states the form they choose, the data to bequeath,
For producing the documents or electronically stored wreath.
As kept in course of business, or with categories matched,
The documents produced, the knowledge sought, the stories to be hatched,
Ordinarily maintained, or reasonably usable forms ensue,
Not once, but twice, the same information need not accrue.
Nonparties, too, may feel the touch of Rule 45’s embrace,
Compelled to produce or permit, the truth they must not chase,
The inspection, documents, and tangible things, their role to play,
In the quest for justice, truth, and light, that ever leads the way.
Upon the stage of litigation, where actors gather ’round,
The dance of words and reason, in harmony, profound,
The rhythm of the rules, the beat of the procedure’s heart,
The melody of justice, where every note plays a part.
The clock ticks on, the days pass by, the deadline drawing near,
The response to come, with words of wisdom, objections to appear,
And as the dance continues, a ballet of legal grace,
Each step a move toward understanding, the truth to embrace.
Through the twists and turns of reason, the maze of legal thought,
A path emerges, clear and bright, the sought-for knowledge caught,
The documents, the data, the tangible and more,
Revealed, unfurled, presented, by the guiding hand of Rule 34.
And as the dance concludes, the final notes of justice played,
The truth unveiled, the knowledge gained, the foundation firmly laid,
A story told, a tale complete, through the labyrinth of the law,
By the guiding hand of Rule 34, where discovery was the draw.
Oh, Rule 34, your words of wisdom, your tapestry of fate,
A pillar of the justice system, your power to illuminate,
In the realm of federal procedure, where justice oft’ weaves,
A beacon of light, a guide, through the depths of cyberspace’s leaves.
Foundation Rule 1, Written as New Poetry, with Chat GPT.
All Inspiration, Prompts Haiku QC by Me, Human Ralph Losey.
Poet Judge Image by Losey and Dall-E
In the halls of justice, a tapestry unfolds,
A realm where Rule 1 stands, a tale of wisdom told,
A foundation, a guide, for rules of civil grace,
A prime directive, firm and true, in every single case.
“Scope and Purpose,” a clarion call, resounds throughout the land,
A compass for the court and parties, guiding every hand,
For every action, every proceeding, a constant, steady light,
Rule 1, the keeper of the flame, the guardian of the night.
Construed, administered, employed, a sacred trinity,
By court and parties, side by side, in perfect unity,
A just, a speedy, and inexpensive path to seek,
The determination of each case, where truth and reason speak.
In twenty-fifteen, a change was made, the message to refine,
To emphasize the role of parties, each word a sacred line,
A shared responsibility, a dance of law and fate,
Upon the stage of litigation, the truth to liberate.
The Committee Note, a guiding voice, a testament of time,
A call for cooperation, harmony, and rhyme,
To discourage over-use, misuse, and tools of delay,
A plea for proportional use, the just and righteous way.
For every lawyer, every party, a mission to achieve,
A balance of advocacy, in the justice they believe,
To employ the rules with honor, a cooperative embrace,
In the spirit of Rule 1, a journey to retrace.
No new source of sanctions, this amendment makes it clear,
Nor an abridgment of the rules, no cause for doubt or fear,
A simple call to unity, a partnership profound,
To secure the just, the speedy, and the inexpensive, all around.
Oh, Rule 1, your essence, your purpose, and your scope,
A guiding star, a beacon bright, a lantern of great hope,
Through you, the courts and parties march, as one, with purpose grand,
To secure the just, the speedy, and the inexpensive, hand in hand.
