CEDS Exam Questions With 100% Correct Answers 2023

CEDS Exam Questions With 100% Correct Answers 2023 Proportionality - Correct Answer-Burden/Expense is outweighs value, may shift costs or impose limits Attorney Certifies Discovery Request - Correct Answer-Consistent w/ FRCP, Non-Frivolous, not to harass, not unreasonably burdensome Rule 26(f) - Correct Answer-"Meet and Confer" - opportunity to exchange/agree on Discovery Creation of "Discovery Plan" Limit scope (depositions, interrogatories, etc) Rule 26(a)(1) - Correct Answer-Proposed discovery plan. address preservation issues. Rule 26 Discovery Plan - Correct Answer-Initial disclosure (subjects requiring discovery) Timetable Format Privilege issues Limitations on discovery (per agreement) Clawback agreements Rule 26 Discovery Plan (2) - Correct Answer-May list particular issues and agree on timing (e.g. production schedule) or broader initial discovery to narrow later. Early Data Assessment - Correct Answer-Preliminary assessment of data. Evaluation of systems, custodian data, other evidence. Sort out critical / non-critical groupings Is not early case assessment Helps to : Assess costs Choose Technologies Address at 26(f) conference Merits of case before doc review Decide whether to settle / litigate FRCP 26(b)(1) - Correct Answer-Provides guidance on cost shifting. "reasonableness" Rule 26(b)(2)(B) - Correct Answer-Not reasonable accessible - due to "undue burden or cost" Requires "Good Cause" Documenting Preservation - Correct Answer-Complete & accurate records: Witness interview notes Copies of org charts Legal Hold notice Evidence of distribution Follow-Up actions Records Management - Correct Answer-What is the Records Management policy? Purpose & schedule Litigation Hold always supercededs Backup Media - Correct Answer-Back-Up policies, schedule, restore time, impact on metadata, etc Preservation - Correct Answer-Begins with a litigation hold. Immediate obligation to preserve ESI Steps to prevent ESI from being overwritten Litigation Hold - Correct Answer-Anticipation of litigation Reasonable steps to preserve May result in spoliation Spoliation - Potential impacts - Correct Answer-Adverse inference jury instruction Limiting claims or defenses Monetary Award default judgment or dismissal Custodian - Correct Answer-individual likely to hold relevant content Types of ESI - Correct Answer-email storage devices PC's Network storage Private storage (e.g. home PC, external media) Social Networking sites. Non-Custodial ESI - Correct Answer-Not "owned" by a particular individual Structured or Unstructured data Databases WIKI's Shared Network locations Must identify someone responsible for each resource Preservation - Non-Custodial ESI - Correct Answer-Understand how each source operates Is it overwritten / cumulative ? Is it accessed by multiple people? Litigation Hold Plan - Correct Answer-1. Have it in-place before Litigation ensues a. identify personnel and responsibilities b. Written policy and forms available c. Tracking procedure in-place (e.g. ticketing) Legal Hold - Correct Answer-Written notice description of subject matter examples of ESI storage locations Clear instructions, anticipate problems POC for questions Confirmation/Acknowledgement of Hold