Civil Procedure Exam Questions with
Verified Solutions
Discover: Required Disclosures - ANS-These materials must be produced even though
no one asks for it.
1. Initial Disclosures
- identities of persons
- money documents
- insurance information
2. Expert Witnesses
Initial disclosures. Unless a court order or stipulation of parties says otherwise,
within 14 days of the Rule 26(f) conference (page 58), what must each party disclose? -
ANS-(a) Identities of persons who have discoverable info that you (the disclosing party)
may use to support your claims or defenses.
(b) Documents and things that you may use to support your claims or defenses. You
may produce copies or a description of these things.
(c) Computation of monetary relief and documents/ESI supporting it.
(d) Insurance coverage. D must disclose any insurance that might cover all or part of
the judgment in the case
What info do you give about these people? - ANS-Name and telephone number and
subjects on which they have information.
What kinds of people do you have to disclose - ANS-only in the initial disclosure have to
id the people you will use to support your claim (don't have to id people who hurt your
case)
What happens if a party fails to identify someone she was required to identify? - ANS-
The party cannot use that witness in the case (unless the failure to identify was
substantially justified or harmless).
Document Disclosure - ANS-Must disclose documents that support your argument
Does the info to be disclosed include photographs, recordings, and electronically stored
info (ESI)? - ANS-Yes- not just documents and memos, its is also these other
recordings
Does the info to be disclosed include tangible things? - ANS-Yes - tire reminents
example
,What happens if a party fails to disclose something she was required to disclose? -
ANS-You cannot use that material in the case (unless the failure to disclose was
substantially justified or harmless).
What if you know about such documents, ESI, or things that support your case, but they
are not in your custody or control?
Do you have to disclose them? - ANS-No- only disclosing if they're in your custody or
control
Computation of monetary relief and documents/ESI supporting it. - ANS-Anyone
claiming monetary relief must provide a "computation," supported by documents or ESI
of the amount sought.
D has to disclose insurance: Is this true even though existence of such insurance will
not be admissible at trial? - ANS-Yes, still has to disclose. Because what is discover-
able is broader than what is admissible
Later int eh case at a time identified by the court, each party must identify: - ANS-Expert
witnesses- who may be used at trial
Suppose a party hired an expert to help it prepare the case, but does not intend
to call that expert to testify at trial. Is this an expert witness? - ANS-No- a consulting
expert, not a testifying expert
- facts known and opinions are generally not discover-able from a consulting expert.
As to an expert witness (EW) "who may be used at trial," what must each party
generally disclose to the other parties? - ANS-identity of the expert and his or her
written report.
The written report must include: - ANS-(1) opinions EW will express,
(2) bases for the opinions,
(3) facts used to form the opinions,
(4) EW's qualifications (CV/Resume), and
(5) how much EW is being paid.
Thereafter, may a party take the deposition of EW? - ANS-Yes; That party should:
1) Subpoena EW to compel her attendance.
2) must pay the EW a reasonable fee per hour (set by the court).
What happens if a party fails to identify an EW and to provide the required information?
- ANS-You cannot use the expert witness unless the failure was justified or harmless
, Pretrial required disclosure. - ANS-No later than 30 days before trial, must give detailed
information about trial evidence, including identity of witnesses to testify live or by
deposition and documents/ESI/things to be introduced at trial.
Assuming no court order or stipulation provides otherwise, when can a party first
request discovery from other parties? - ANS-After the Rule 26(f) conference
*assuming there isn't a court order or agreeance
What discovery tools do you use to get information from non-parties? - ANS-1)
Depositions
2) Interrogatories
3)
4)
Depositions. - ANS-Here, a person gives live testimony in response to questions by
counsel or pro se parties.
The questions are usually oral, but can be written (if written, they are read by the court
reporter)).
Deponent testifies under oath.
The deposition is recorded by sound or video or stenographically and a transcript can
be made.
Is the deponent required to review all her relevant files and notes before being
deposed? - ANS-No- deponent testifies from current recollection of the events.
Can you "notice" the deposition of a party or of a non-party? - ANS-Yes- with a non
party though you also need to serve them with a subpoena. Don't need to serve the
subpoena on a party
*compels attendance
A subpoena "duces tecum" requires the deponent: - ANS-Bring requested materials
with them to the deposition
Unless a nonparty agrees, what is the farthest she can be required to travel to have her
deposition taken? - ANS-100 miles from either her residence or place of employment
Limits on depositions: - ANS-You cannot take more than 10 depositions or depose the
same person twice without court approval or stipulation.
Deposition cannot exceed one day of seven hours unless court orders or parties
stipulate.
Verified Solutions
Discover: Required Disclosures - ANS-These materials must be produced even though
no one asks for it.
1. Initial Disclosures
- identities of persons
- money documents
- insurance information
2. Expert Witnesses
Initial disclosures. Unless a court order or stipulation of parties says otherwise,
within 14 days of the Rule 26(f) conference (page 58), what must each party disclose? -
ANS-(a) Identities of persons who have discoverable info that you (the disclosing party)
may use to support your claims or defenses.
(b) Documents and things that you may use to support your claims or defenses. You
may produce copies or a description of these things.
(c) Computation of monetary relief and documents/ESI supporting it.
(d) Insurance coverage. D must disclose any insurance that might cover all or part of
the judgment in the case
What info do you give about these people? - ANS-Name and telephone number and
subjects on which they have information.
What kinds of people do you have to disclose - ANS-only in the initial disclosure have to
id the people you will use to support your claim (don't have to id people who hurt your
case)
What happens if a party fails to identify someone she was required to identify? - ANS-
The party cannot use that witness in the case (unless the failure to identify was
substantially justified or harmless).
Document Disclosure - ANS-Must disclose documents that support your argument
Does the info to be disclosed include photographs, recordings, and electronically stored
info (ESI)? - ANS-Yes- not just documents and memos, its is also these other
recordings
Does the info to be disclosed include tangible things? - ANS-Yes - tire reminents
example
,What happens if a party fails to disclose something she was required to disclose? -
ANS-You cannot use that material in the case (unless the failure to disclose was
substantially justified or harmless).
What if you know about such documents, ESI, or things that support your case, but they
are not in your custody or control?
Do you have to disclose them? - ANS-No- only disclosing if they're in your custody or
control
Computation of monetary relief and documents/ESI supporting it. - ANS-Anyone
claiming monetary relief must provide a "computation," supported by documents or ESI
of the amount sought.
D has to disclose insurance: Is this true even though existence of such insurance will
not be admissible at trial? - ANS-Yes, still has to disclose. Because what is discover-
able is broader than what is admissible
Later int eh case at a time identified by the court, each party must identify: - ANS-Expert
witnesses- who may be used at trial
Suppose a party hired an expert to help it prepare the case, but does not intend
to call that expert to testify at trial. Is this an expert witness? - ANS-No- a consulting
expert, not a testifying expert
- facts known and opinions are generally not discover-able from a consulting expert.
As to an expert witness (EW) "who may be used at trial," what must each party
generally disclose to the other parties? - ANS-identity of the expert and his or her
written report.
The written report must include: - ANS-(1) opinions EW will express,
(2) bases for the opinions,
(3) facts used to form the opinions,
(4) EW's qualifications (CV/Resume), and
(5) how much EW is being paid.
Thereafter, may a party take the deposition of EW? - ANS-Yes; That party should:
1) Subpoena EW to compel her attendance.
2) must pay the EW a reasonable fee per hour (set by the court).
What happens if a party fails to identify an EW and to provide the required information?
- ANS-You cannot use the expert witness unless the failure was justified or harmless
, Pretrial required disclosure. - ANS-No later than 30 days before trial, must give detailed
information about trial evidence, including identity of witnesses to testify live or by
deposition and documents/ESI/things to be introduced at trial.
Assuming no court order or stipulation provides otherwise, when can a party first
request discovery from other parties? - ANS-After the Rule 26(f) conference
*assuming there isn't a court order or agreeance
What discovery tools do you use to get information from non-parties? - ANS-1)
Depositions
2) Interrogatories
3)
4)
Depositions. - ANS-Here, a person gives live testimony in response to questions by
counsel or pro se parties.
The questions are usually oral, but can be written (if written, they are read by the court
reporter)).
Deponent testifies under oath.
The deposition is recorded by sound or video or stenographically and a transcript can
be made.
Is the deponent required to review all her relevant files and notes before being
deposed? - ANS-No- deponent testifies from current recollection of the events.
Can you "notice" the deposition of a party or of a non-party? - ANS-Yes- with a non
party though you also need to serve them with a subpoena. Don't need to serve the
subpoena on a party
*compels attendance
A subpoena "duces tecum" requires the deponent: - ANS-Bring requested materials
with them to the deposition
Unless a nonparty agrees, what is the farthest she can be required to travel to have her
deposition taken? - ANS-100 miles from either her residence or place of employment
Limits on depositions: - ANS-You cannot take more than 10 depositions or depose the
same person twice without court approval or stipulation.
Deposition cannot exceed one day of seven hours unless court orders or parties
stipulate.
