2026/2027 UPDATE WITH GUARANTEED PASS |
GRADED A+ (VERIFIED)
What is discovery? - ACCURATE ANSWER 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? - ACCURATE 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
Rule 26(b)(1) discusses the Discovery Scope. Explain... - ACCURATE 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
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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. - ACCURATE
ANSWER 1. not reasonably accessible because of undue burden or costs
2.
Rule 34(b)(1) outlines that Request for Production/Documents which must
describe with - ACCURATE ANSWER 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. - ACCURATE ANSWER
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 37 addresses Failure to Cooperate. It allows measures no greater than
necessary to cure prejudice incurred by a parties failure to
1
2
3 - ACCURATE ANSWER 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. - ACCURATE ANSWER 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 -
ACCURATE ANSWER reasonable
Rule 30 permits party to take ______ - ACCURATE ANSWER oral deposition
Rule 33 allow parties to serve no more than _____ _____ - ACCURATE
ANSWER 25 Rogs
Rule 37(f) if a party of its attorney fails in _________ in developing and
submitting a proposed __________, the court may require _________________ -
ACCURATE ANSWER good faith
discovery plan