ACEDS Exam Questions and Answers
US Discovery Standard - Answer -Broad and Liberal
Federal Rules of Civil Procedure - Answer -The rules controlling procedural matters in civil trials brought before the federal district courts.
American rule - Answer -each party pays its own legal costs
Proportionality - Answer -If burden or expense of proposed discovery outweighs potential benefit, court may impose limits or shift cost. Parties are free to enter into their own agreement.
Discovery Request - Answer -Pleading signed by attorney. Certifies Consistent with FRCP, Non-Frivolous, not for improper purpose (such as harassment), not unreasonable or unduly burdensome.
Discovery Response - Answer -Due within 30 days, formal written response to request alos signed by attorney, certifies objets well founded and in good faith, disclosure is complete and correct at time made. (Most likely not really responding with productions at this time.)
Rules 26(f) conference - Answer -Meet and confer, and develop a "discovery plan"
Initial disclosure - Answer -must include ESI and in some cases like Texas District dealing with Patents--need to be complete.
Discovery Plan - Answer -Subject requiring discovery, timetable for production, format of production, privilege issues (including inadvertent production), limitations on discovery (by rule or agreed to by parties)
Preservation - Answer -Complete and accurate records particularly for preservation and legal hold: witness interview notes, copies of org charts reviewed, legal hold notice, evidence of distribution, follow-up actions
Records Management & Preservation - Answer -Policy: purpose and retention schedule; Must accommodate litigation hod procedures: preservation obligation always supersedes destruction under schedule, once litigation is anticipated, destruction stops.
US Discovery Standard - Answer -Broad and Liberal
Federal Rules of Civil Procedure - Answer -The rules controlling procedural matters in civil trials brought before the federal district courts.
American rule - Answer -each party pays its own legal costs
Proportionality - Answer -If burden or expense of proposed discovery outweighs potential benefit, court may impose limits or shift cost. Parties are free to enter into their own agreement.
Discovery Request - Answer -Pleading signed by attorney. Certifies Consistent with FRCP, Non-Frivolous, not for improper purpose (such as harassment), not unreasonable or unduly burdensome.
Discovery Response - Answer -Due within 30 days, formal written response to request alos signed by attorney, certifies objets well founded and in good faith, disclosure is complete and correct at time made. (Most likely not really responding with productions at this time.)
Rules 26(f) conference - Answer -Meet and confer, and develop a "discovery plan"
Initial disclosure - Answer -must include ESI and in some cases like Texas District dealing with Patents--need to be complete.
Discovery Plan - Answer -Subject requiring discovery, timetable for production, format of production, privilege issues (including inadvertent production), limitations on discovery (by rule or agreed to by parties)
Preservation - Answer -Complete and accurate records particularly for preservation and legal hold: witness interview notes, copies of org charts reviewed, legal hold notice, evidence of distribution, follow-up actions
Records Management & Preservation - Answer -Policy: purpose and retention schedule; Must accommodate litigation hod procedures: preservation obligation always supersedes destruction under schedule, once litigation is anticipated, destruction stops.
