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Exam (elaborations)

ACEDS EXAM WITH GUARANTEED ACCURATE ANSWERS |VERIFIED

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US Discovery Standard - ACCURATE ANSWERBroad and Liberal Federal Rules of Civil Procedure - ACCURATE ANSWERThe rules controlling procedural matters in civil trials brought before the federal district courts. American rule - ACCURATE ANSWEReach party pays its own legal costs Proportionality...

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  • August 12, 2024
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  • 2024/2025
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ACEDS EXAM
ACEDS EXAM WITH GUARANTEED ACCURATE ANSWERS |VERIFIED




US Discovery Standard - ACCURATE ANSWER✅✅Broad and Liberal


Federal Rules of Civil Procedure - ACCURATE ANSWER✅✅The rules
controlling procedural matters in civil trials brought before the federal district
courts.


American rule - ACCURATE ANSWER✅✅each party pays its own legal costs


Proportionality - ACCURATE 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 - ACCURATE 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 - ACCURATE 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 - ACCURATE ANSWER✅✅Meet and confer, and
develop a "discovery plan"


Initial disclosure - ACCURATE ANSWER✅✅must include ESI and in some
cases like Texas District dealing with Patents--need to be complete.


Discovery Plan - ACCURATE 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 - ACCURATE 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 - ACCURATE ANSWER✅✅Policy:
purpose and retention schedule; Must accommodate litigation hod procedures:
preservation obligation always supersedes destruction under schedule, once
litigation is anticipated, destruction stops.


Data Mapping - ACCURATE ANSWER✅✅Types of ESI stored, security and
access controls, format and reporting capabilities, back-up, archival, purging
processes and schedules, and audit trial capabilities.

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