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ACEDS Exam Questions and Answers 2024
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ACEDS Exam Questions and Answers
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ACEDS Exam Questions and AnswersWhat is discovery?
Phase in litigation or legal dispute, after complaint/answer is filed, when parties exchange info about facts of their case
What does FRCP 26(a)(1) requires parties to make initial discovery and share. What 4 points need to be shared?
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
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Rule 26(b)(1) discusses the Discovery Scope. Explain...
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
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.
1. not reasonably accessible because of undue burden or costs
If you are claiming undue burden for not providing ESI, you must make assessment detailing
1
2
3
4
5
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
Rule 26(f) outlines "Meet & Confer" aka pre-trial conference. What must be addressed as dictated by Rule 26(f)(2)? 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
Rule 26(f)(3) requires parties to create a discovery plan that must be filed within ___________ days and must address...
14 days
1. changes in timing or requirement of initial disclosures
2. subjects which discovery is needed, discovery completion date, whether discovery is conducted in phases or specific issues
3. any issues re disclosure, discovery, or preservation including production format
4. issues related to privileges and implementation of clawback
5. changes to limitation on discovery
6. any orders that court should address such as PO, Scheduling, or Case Management orders
Rule 34(a) dictates Request for Production that are within the parties ________________________ including ____________
possession, custody or control
documents, ESI, tangible items
What does control in context of producing?
you have a legal right to that data e.g.: hosted on cloud application
Rule 34(b)(1) outlines that Request for Production/Documents which must describe with
1. reasonable particularly
2. reasonable time, place, manner for inspection
3. format in which ESI to be produced
Rule 34(b)(2) outlines Responses and Objections.
1. 30 days to respond
2. respond to each item to permit or object
3. produce docs as they are kept in ordinary course of business
4. produce in useable form
5. only only be produced in 1 format
Rule 30 permits party to take ______
oral deposition
Rule 33 allow parties to serve no more than _____ _____
25 Rogs
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
fails to preserve ESI
fails to produce ESI
fails to anticipate or cooperate with other parties in discovery process Rule 37
Upon finding party acted with intent to deprive another party, court may
1.
2.
3.
4.
1. presume lost info was unfavorable to party
2. adverse inference instructions
3. dismiss action or enter default judgment
4. sanctions
Under FRCP, parties are expected to take _____steps to preserve ESI
reasonable
Rule 37(f) if a party of its attorney fails in _________ in developing and submitting a proposed __________, the court may require _________________
good faith
discovery plan
reasonable expenses, including atty fees
Rule 26(g) Every discovery request, response, or objection must be _____________ by at least one attorney of record in the attorney's own name - or by party personally if unrepresented. This is known as _______________
signed
Certifying discovery responses
In the US, each party is responsible for it's own ediscovery costs. However, if a party insist on a production that is ________________ or ________, it is more likely to result in _____________________________
unduly burdensome
unreasonably accessible
cost shifting
Rule 30(b)(6) permits a party to serve _____________ to a corporate individual who being deposed is responsible for answer questions on _____________
deposition notice
ediscovery topics
What type of questions would a 30(b)(6) witness have to answer?
1. What was party's legal hold process like
2. Substance of legal hold communication?
3. How sources were selected or eliminated for legal hold
4. If there is automatic deletion, what steps were taken to disable
5. methods for collection and review including platform
6. qualifications of reviewers
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