ACEDS EXAM QUESTIONS AND ANSWERS
What is discovery? - Answers - 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? - Answers - 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... - Answers - 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
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. - Answers - 1. not reasonably
accessible because of undue burden or costs
If you are claiming undue burden for not providing ESI, you must make assessment
detailing
1
2
3
4
5 - Answers - 1. If data is convertible to more accessible format
2. costs to review
3. business disruption
4. relevance of data source and value to litigation
5. whether data can be obtained through other means
Rule 26(f) outlines "Meet & Confer" aka pre-trial conference. What must be addressed
as dictated by Rule 26(f)(2)? - Answers - 1. consider nature and basis of claims and
possibility of settling/resolving case
2. make/arrange for initial discovery
3. discuss issues re preserving
4. develop proposed discovery plan
,Rule 26(f)(3) requires parties to create a discovery plan that must be filed within
___________ days and must address... - Answers - 14 days
1. changes in timing or requirement of initial disclosures
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 Production that are within the parties
________________________ including ____________ - Answers - possession,
custody or control
documents, ESI, tangible items
What does control in context of producing? - Answers - you have a legal right to that
data e.g.: hosted on cloud application
Rule 34(b)(1) outlines that Request for Production/Documents which must describe with
- Answers - 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. - Answers - 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 30 permits party to take ______ - Answers - oral deposition
Rule 33 allow parties to serve no more than _____ _____ - Answers - 25 Rogs
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 - Answers - 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. - Answers - 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 - Answers -
reasonable
Rule 37(f) if a party of its attorney fails in _________ in developing and submitting a
proposed __________, the court may require _________________ - Answers - good
faith
discovery plan
reasonable expenses, including atty fees
Rule 26(g) Every discovery request, response, or objection must be _____________ by
at least one attorney of record in the attorney's own name - or by party personally if
unrepresented. This is known as _______________ - Answers - signed
Certifying discovery responses
In the US, each party is responsible for it's own ediscovery costs. However, if a party
insist on a production that is ________________ or ________, it is more likely to result
in _____________________________ - Answers - unduly burdensome
unreasonably accessible
cost shifting
Rule 30(b)(6) permits a party to serve _____________ to a corporate individual who
being deposed is responsible for answer questions on _____________ - Answers -
deposition notice
ediscovery topics
What type of questions would a 30(b)(6) witness have to answer? - Answers - 1. What
was party's legal hold process like
2. Substance of legal hold communication?
3. How sources were selected or eliminated for legal hold
4. If there is automatic deletion, what steps were taken to disable
5. methods for collection and review including platform
What is discovery? - Answers - 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? - Answers - 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... - Answers - 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
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. - Answers - 1. not reasonably
accessible because of undue burden or costs
If you are claiming undue burden for not providing ESI, you must make assessment
detailing
1
2
3
4
5 - Answers - 1. If data is convertible to more accessible format
2. costs to review
3. business disruption
4. relevance of data source and value to litigation
5. whether data can be obtained through other means
Rule 26(f) outlines "Meet & Confer" aka pre-trial conference. What must be addressed
as dictated by Rule 26(f)(2)? - Answers - 1. consider nature and basis of claims and
possibility of settling/resolving case
2. make/arrange for initial discovery
3. discuss issues re preserving
4. develop proposed discovery plan
,Rule 26(f)(3) requires parties to create a discovery plan that must be filed within
___________ days and must address... - Answers - 14 days
1. changes in timing or requirement of initial disclosures
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 Production that are within the parties
________________________ including ____________ - Answers - possession,
custody or control
documents, ESI, tangible items
What does control in context of producing? - Answers - you have a legal right to that
data e.g.: hosted on cloud application
Rule 34(b)(1) outlines that Request for Production/Documents which must describe with
- Answers - 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. - Answers - 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 30 permits party to take ______ - Answers - oral deposition
Rule 33 allow parties to serve no more than _____ _____ - Answers - 25 Rogs
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 - Answers - 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. - Answers - 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 - Answers -
reasonable
Rule 37(f) if a party of its attorney fails in _________ in developing and submitting a
proposed __________, the court may require _________________ - Answers - good
faith
discovery plan
reasonable expenses, including atty fees
Rule 26(g) Every discovery request, response, or objection must be _____________ by
at least one attorney of record in the attorney's own name - or by party personally if
unrepresented. This is known as _______________ - Answers - signed
Certifying discovery responses
In the US, each party is responsible for it's own ediscovery costs. However, if a party
insist on a production that is ________________ or ________, it is more likely to result
in _____________________________ - Answers - unduly burdensome
unreasonably accessible
cost shifting
Rule 30(b)(6) permits a party to serve _____________ to a corporate individual who
being deposed is responsible for answer questions on _____________ - Answers -
deposition notice
ediscovery topics
What type of questions would a 30(b)(6) witness have to answer? - Answers - 1. What
was party's legal hold process like
2. Substance of legal hold communication?
3. How sources were selected or eliminated for legal hold
4. If there is automatic deletion, what steps were taken to disable
5. methods for collection and review including platform
