PRE-TRIAL LAB DISCOVERY EXAM
QUESTIONS WITH CORRECT ANSWERS
Protective Orders: Any party or non-party from whom discovery is sought can make this
motion to prevent unreasonable DEEP abuse. - ANSWER-D - DISADVANTAGE
E - EMBARRASSMENT
E - EXPENSE (especially with economic disparity)
P - PREJUDICE
Depositions (EBT): A court order is required for the following EBTS (BAR SAPS). -
ANSWER-Usually only need 20 days' notice by serving a demand on a party's attorney
or serving a subpoena on a non-party witness (these only require that the material
sought is material and necessary). Except where court orders are required: BAR SAPS
B= BEFORE commencing the action by way of a special proceeding seeking the court's
permission
A= AFTER a case has been placed on the trial calendar (requires unusual or
unanticipated circumstances that arose after the note of issue was filed)
R= a party's REFUSAL to comply with an EBT demand.
S= SPECIAL proceedings (except bill of particulars or admissions)
A= ARBITRATION (requires extraordinary circumstance)
P= PRISONERS
S= the STATE of NY if it is not a party to the action.
Depositions: An attorney can advise a client not to answer a question if the attorney
objects to the form of the question (otherwise it is waived): A CLAM'S BAR - ANSWER-
A= AMBIGUOUS questions
C= COMPOUND questions
L= a LEADING question on direct
A= an ARGUMENTATIVE and badgering question that seeks no new facts.
M= MISQUOTING an earlier statement.
S= asking a witness to SPECULATE
B= an overly BROAD question
A= a question that ASSUMES A FACT not in evidence
R= REDUNDANT questions on direct
Written Interrogatories: Absent a court order there is a BAN on these uses of
interrogatories: - ANSWER-Interrogatories cannot be served on a non-party witness
except in matrimonial actions regarding a party's finances and only if a court order is
first obtained.
B= except in matrimonial actions a party cannot serve BOTH a demand for a bill of
particulars and interrogatories from the same party.
QUESTIONS WITH CORRECT ANSWERS
Protective Orders: Any party or non-party from whom discovery is sought can make this
motion to prevent unreasonable DEEP abuse. - ANSWER-D - DISADVANTAGE
E - EMBARRASSMENT
E - EXPENSE (especially with economic disparity)
P - PREJUDICE
Depositions (EBT): A court order is required for the following EBTS (BAR SAPS). -
ANSWER-Usually only need 20 days' notice by serving a demand on a party's attorney
or serving a subpoena on a non-party witness (these only require that the material
sought is material and necessary). Except where court orders are required: BAR SAPS
B= BEFORE commencing the action by way of a special proceeding seeking the court's
permission
A= AFTER a case has been placed on the trial calendar (requires unusual or
unanticipated circumstances that arose after the note of issue was filed)
R= a party's REFUSAL to comply with an EBT demand.
S= SPECIAL proceedings (except bill of particulars or admissions)
A= ARBITRATION (requires extraordinary circumstance)
P= PRISONERS
S= the STATE of NY if it is not a party to the action.
Depositions: An attorney can advise a client not to answer a question if the attorney
objects to the form of the question (otherwise it is waived): A CLAM'S BAR - ANSWER-
A= AMBIGUOUS questions
C= COMPOUND questions
L= a LEADING question on direct
A= an ARGUMENTATIVE and badgering question that seeks no new facts.
M= MISQUOTING an earlier statement.
S= asking a witness to SPECULATE
B= an overly BROAD question
A= a question that ASSUMES A FACT not in evidence
R= REDUNDANT questions on direct
Written Interrogatories: Absent a court order there is a BAN on these uses of
interrogatories: - ANSWER-Interrogatories cannot be served on a non-party witness
except in matrimonial actions regarding a party's finances and only if a court order is
first obtained.
B= except in matrimonial actions a party cannot serve BOTH a demand for a bill of
particulars and interrogatories from the same party.
