ACEDS REVISED QUESTIONS 2026
What 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 1. Contact info of individuals that have
parties to make initial discovery likely discoverable information
and share. What 4 points need to 2.Copy or description of description of ESI
be 3.damages computation
shared? 4. insurance agreements which part of
all judgement may be paid
Rule 26(b)(1) discusses the Discovery must be of
Discovery Scope. Explain... 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 1. not reasonably accessible because of
limitations on ESI due to being undue burden or costs
_______. However, even with a
response to a motion to compel
showing reasons, a court may order
discovery if requesting party shows
good cause.
,If you are claiming undue burden 1. If data is convertible to more accessible format
for not providing ESI, you must 2.costs to review
make assessment detailing 3. business disruption
1 4. relevance of data source and value to litigation
2 5. whether data can be obtained through other
3 means
4
5
Rule 26(f) outlines "Meet & Confer" 1. consider nature and basis of claims
aka pre-trial conference. What must and possibility of settling/resolving
be addressed as dictated by Rule case
26(f)(2)? 2.make/arrange for initial discovery
3.discuss issues re preserving
4. develop proposed discovery plan
Rule 26(f)(3) requires parties to 14 days
create a discovery plan that
must be filed within__days 1. changes in timing or requirement of
and initial disclosures
must address... 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 possession, custody or control
Production that are within the
parties________________including documents, ESI, tangible items
____________
, What does control in context you have a legal right to that data e.g.: hosted on
of producing? cloud application
What 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 1. Contact info of individuals that have
parties to make initial discovery likely discoverable information
and share. What 4 points need to 2.Copy or description of description of ESI
be 3.damages computation
shared? 4. insurance agreements which part of
all judgement may be paid
Rule 26(b)(1) discusses the Discovery must be of
Discovery Scope. Explain... 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 1. not reasonably accessible because of
limitations on ESI due to being undue burden or costs
_______. However, even with a
response to a motion to compel
showing reasons, a court may order
discovery if requesting party shows
good cause.
,If you are claiming undue burden 1. If data is convertible to more accessible format
for not providing ESI, you must 2.costs to review
make assessment detailing 3. business disruption
1 4. relevance of data source and value to litigation
2 5. whether data can be obtained through other
3 means
4
5
Rule 26(f) outlines "Meet & Confer" 1. consider nature and basis of claims
aka pre-trial conference. What must and possibility of settling/resolving
be addressed as dictated by Rule case
26(f)(2)? 2.make/arrange for initial discovery
3.discuss issues re preserving
4. develop proposed discovery plan
Rule 26(f)(3) requires parties to 14 days
create a discovery plan that
must be filed within__days 1. changes in timing or requirement of
and initial disclosures
must address... 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 possession, custody or control
Production that are within the
parties________________including documents, ESI, tangible items
____________
, What does control in context you have a legal right to that data e.g.: hosted on
of producing? cloud application
