CERTIFICATION EXAMINATION PREPARATION
2026 ACEDS Test
Questions & Answers
95 Questions with 100% Correct Answers Verified Latest Update .
Comprehensive coverage across all CEDS Certification Examination
domains aligned with the EDRM model, FRCP, and current
e-discovery best practices.
Association of Certified E-Discovery Specialists
CEDS Certification Examination | 2026-2027 Edition
35 PAGES | 9 SECTIONS | COMPLETE EXAM
,Section 1: E-Discovery Overview and Legal Frameworks (Q1-Q15)
Q1: Under the Electronic Discovery Reference Model (EDRM), which phase immediately follows
Identification and involves securing potentially relevant ESI?
A. Collection
B. Preservation
C. Processing
D. Production
Correct Answer: B
Rationale: Preservation immediately follows Identification in the EDRM model. The EDRM flow is: Information
Governance, Identification, Preservation, Collection, Processing, Review, Analysis, Production, and Presentation. Collection
occurs after Preservation, not before. Processing and Production are later stages in the EDRM lifecycle.
Q2: Which Federal Rule of Civil Procedure requires parties to meet and confer about discovery issues,
including e-discovery, early in the litigation process?
A. FRCP 26(a)
B. FRCP 26(f)
C. FRCP 34
D. FRCP 37
Correct Answer: B
Rationale: FRCP 26(f) mandates that parties meet and confer to discuss discovery issues, including e-discovery matters such
as preservation, form of production, and privilege assertion. FRCP 26(a) covers initial disclosures, FRCP 34 governs requests
for production, and FRCP 37 addresses sanctions for discovery failures.
Q3: The proportionality standard under FRCP 26(b)(1) requires courts to consider all of the following
factors EXCEPT:
A. The importance of the issues at stake
B. The amount in controversy
C. The parties' relative access to relevant information
D. The nationality of the responding party
Correct Answer: D
Rationale: FRCP 26(b)(1) enumerates six proportionality factors: the importance of the issues, the amount in controversy, the
parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues,
and whether the burden or expense outweighs the likely benefit. The nationality of a party is not among these factors.
Q4: In e-discovery, what is the primary purpose of a legal hold notice?
A. To notify custodians of their obligation to preserve potentially relevant ESI
B. To collect documents from custodians immediately
, C. To begin the review process for privileged materials
D. To produce documents to opposing counsel
Correct Answer: A
Rationale: A legal hold (litigation hold) notifies custodians and data stewards of their duty to preserve potentially relevant
ESI when litigation is reasonably anticipated. It does not itself collect documents, begin review, or produce materials. The hold
is a preservation measure designed to prevent the spoliation of evidence.
Q5: Which of the following best describes the concept of "litigation readiness" in the context of
e-discovery?
A. The ability to respond quickly and cost-effectively to e-discovery obligations
B. The completion of all document review before trial
C. The implementation of a predictive coding system
D. The execution of cross-border data transfers
Correct Answer: A
Rationale: Litigation readiness refers to an organization's ability to manage its information assets in a way that allows it to
respond efficiently and cost-effectively to e-discovery obligations. It encompasses information governance, data mapping,
and preparedness strategies. It is not about completing review, using predictive coding specifically, or executing data transfers.
Q6: Under FRCP 37(e), what must a party demonstrate to show that ESI was lost as a result of the failure to
reasonably preserve it?
A. That the lost ESI was relevant and could not be restored through additional discovery
B. That the opposing party acted in bad faith
C. That the ESI was intentionally destroyed
D. That the cost of restoration exceeds the value of the case
Correct Answer: A
Rationale: FRCP 37(e) provides that if ESI is lost due to failure to preserve, the court may order measures no greater than
necessary to cure the prejudice, but only if the party seeking relief shows that the lost ESI cannot be restored or replaced
through additional discovery. Bad faith and intentional destruction are not required under the 2015 amendments to FRCP
37(e).
Q7: The Sarbanes-Oxley Act (SOX) imposes document retention requirements primarily on which type of
organizations?
A. Publicly traded companies and their auditors
B. All government contractors
C. Privately held corporations with more than 50 employees
D. Non-profit organizations receiving federal funding
Correct Answer: A
Rationale: SOX primarily applies to publicly traded companies, their officers, and their auditors. SOX Section 802
criminalizes the alteration, destruction, or concealment of documents with intent to impede a federal investigation. It does not
apply to all government contractors, private companies by employee count, or non-profits.
2026 ACEDS Test
Questions & Answers
95 Questions with 100% Correct Answers Verified Latest Update .
Comprehensive coverage across all CEDS Certification Examination
domains aligned with the EDRM model, FRCP, and current
e-discovery best practices.
Association of Certified E-Discovery Specialists
CEDS Certification Examination | 2026-2027 Edition
35 PAGES | 9 SECTIONS | COMPLETE EXAM
,Section 1: E-Discovery Overview and Legal Frameworks (Q1-Q15)
Q1: Under the Electronic Discovery Reference Model (EDRM), which phase immediately follows
Identification and involves securing potentially relevant ESI?
A. Collection
B. Preservation
C. Processing
D. Production
Correct Answer: B
Rationale: Preservation immediately follows Identification in the EDRM model. The EDRM flow is: Information
Governance, Identification, Preservation, Collection, Processing, Review, Analysis, Production, and Presentation. Collection
occurs after Preservation, not before. Processing and Production are later stages in the EDRM lifecycle.
Q2: Which Federal Rule of Civil Procedure requires parties to meet and confer about discovery issues,
including e-discovery, early in the litigation process?
A. FRCP 26(a)
B. FRCP 26(f)
C. FRCP 34
D. FRCP 37
Correct Answer: B
Rationale: FRCP 26(f) mandates that parties meet and confer to discuss discovery issues, including e-discovery matters such
as preservation, form of production, and privilege assertion. FRCP 26(a) covers initial disclosures, FRCP 34 governs requests
for production, and FRCP 37 addresses sanctions for discovery failures.
Q3: The proportionality standard under FRCP 26(b)(1) requires courts to consider all of the following
factors EXCEPT:
A. The importance of the issues at stake
B. The amount in controversy
C. The parties' relative access to relevant information
D. The nationality of the responding party
Correct Answer: D
Rationale: FRCP 26(b)(1) enumerates six proportionality factors: the importance of the issues, the amount in controversy, the
parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues,
and whether the burden or expense outweighs the likely benefit. The nationality of a party is not among these factors.
Q4: In e-discovery, what is the primary purpose of a legal hold notice?
A. To notify custodians of their obligation to preserve potentially relevant ESI
B. To collect documents from custodians immediately
, C. To begin the review process for privileged materials
D. To produce documents to opposing counsel
Correct Answer: A
Rationale: A legal hold (litigation hold) notifies custodians and data stewards of their duty to preserve potentially relevant
ESI when litigation is reasonably anticipated. It does not itself collect documents, begin review, or produce materials. The hold
is a preservation measure designed to prevent the spoliation of evidence.
Q5: Which of the following best describes the concept of "litigation readiness" in the context of
e-discovery?
A. The ability to respond quickly and cost-effectively to e-discovery obligations
B. The completion of all document review before trial
C. The implementation of a predictive coding system
D. The execution of cross-border data transfers
Correct Answer: A
Rationale: Litigation readiness refers to an organization's ability to manage its information assets in a way that allows it to
respond efficiently and cost-effectively to e-discovery obligations. It encompasses information governance, data mapping,
and preparedness strategies. It is not about completing review, using predictive coding specifically, or executing data transfers.
Q6: Under FRCP 37(e), what must a party demonstrate to show that ESI was lost as a result of the failure to
reasonably preserve it?
A. That the lost ESI was relevant and could not be restored through additional discovery
B. That the opposing party acted in bad faith
C. That the ESI was intentionally destroyed
D. That the cost of restoration exceeds the value of the case
Correct Answer: A
Rationale: FRCP 37(e) provides that if ESI is lost due to failure to preserve, the court may order measures no greater than
necessary to cure the prejudice, but only if the party seeking relief shows that the lost ESI cannot be restored or replaced
through additional discovery. Bad faith and intentional destruction are not required under the 2015 amendments to FRCP
37(e).
Q7: The Sarbanes-Oxley Act (SOX) imposes document retention requirements primarily on which type of
organizations?
A. Publicly traded companies and their auditors
B. All government contractors
C. Privately held corporations with more than 50 employees
D. Non-profit organizations receiving federal funding
Correct Answer: A
Rationale: SOX primarily applies to publicly traded companies, their officers, and their auditors. SOX Section 802
criminalizes the alteration, destruction, or concealment of documents with intent to impede a federal investigation. It does not
apply to all government contractors, private companies by employee count, or non-profits.
