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1. What is discovery? ANSWER Phase in litigation or legal dispute, after complaint/answer is filed, when parties
exchange info about facts of their case
2. What does FRCP...
ACEDS TEST BANK / 150 +
QUESTIONS AND VERIFIED
SOLUTIONS BY EXPERTS LATEST
GUIDE GRADED A+ ( BEST FOR
REVISION. )
,1. What is discovery? ANSWER Phase in litigation or legal dispute, after complaint/answer is filed, when parties
exchange info about facts of their case
2. What does FRCP 26(a)(1) requires parties to make initial discovery and share. What 4 points need to be
shared? ANSWER 1. Contact info of individuals that have likely discoverable information
2. Copy or description of description of ESI
3. damages computation
4. insurance agreements which part of all judgement may be paid
3. Rule 26(b)(1) discusses the Discovery Scope. Explain... ANSWER Discovery must be of
1. non-priv materials
2. relevant
3. proportional to needs of case considering
-issues at stake
-amount in controversy
-parties access to relevant info
-burden/expense outweighs benefit
4. Rule 26(b)(2)(B) has specific limitations on ESI due to being .
However, even with a response to a motion to compel showing reasons,
a court may order discovery if requesting party shows good cause. ANSWER 1. not reasonably accessible because
undue burden or costs
5. If you are claiming undue burden for not providing ESI, you must make assessment detailing
1
2
3
4
5 ANSWER 1. If data is convertible to more accessible format
2. costs to review
3. business disruption
4. relevance of data source and value to litigation
5. whether data can be obtained through other means
6. Rule 26(f) outlines "Meet & Confer" aka pre-trial conference. What must be addressed as dictated by Rule
26(f)(2)? ANSWER 1. consider nature and basis of claims and possibility of settling/resolving case
2. make/arrange for initial discovery
3. discuss issues re preserving
4. develop proposed discovery plan
,7. Rule 26(f)(3) requires parties to create a discovery plan that must be filed within days and must
address... ANSWER 14 days
A. changes in timing or requirement of initial disclosures
B. subjects which discovery is needed, discovery completion date, whether discovery is conducted in phases or specific
issues
C. any issues re disclosure, discovery, or preservation including production format
D. issues related to privileges and implementation of clawback
E. changes to limitation on discovery
F. any orders that court should address such as PO, Scheduling, or Case Manage- ment orders
8. Rule 34(a) dictates Request for Production that are within the parties
including ANSWER possession, custody
or control
documents, ESI, tangible items
9. What does control in context of producing? ANSWER you have a legal right to that data e.g. ANSWER hosted
on cloud application
10. Rule 34(b)(1) outlines that Request for Production/Documents which must describe with ANSWER 1.
reasonable particularly
A. reasonable time, place, manner for inspection
B. format in which ESI to be produced
11. Rule 34(b)(2) outlines Responses and Objections. ANSWER 1. 30 days to respond
A. respond to each item to permit or object
B. produce docs as they are kept in ordinary course of business
C. produce in useable form
D. only only be produced in 1 format
12. Rule 30 permits party to take ANSWER oral deposition
13. Rule 33 allow parties to serve no more than ANSWER 25 Rogs
14. Rule 37 addresses Failure to Cooperate. It allows measures no greater than necessary to cure prejudice incurred
by a parties failure to
1
2
, 3 ANSWER fails to preserve ESI
fails to produce ESI
fails to anticipate or cooperate with other parties in discovery process
15. Rule 37
Upon finding party acted with intent to deprive another party, court may
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