ACEDS
Study online at https://quizlet.com/_bl76aj
1. What is discovery? Phase in litigation or legal dispute, after complaint/answer is filed,
when parties exchange info about facts of their case
2. What does FRCP 26(a)(1) 1. Contact info of individuals that have likely discoverable information
requires parties to make 2. Copy or description of description of ESI
initial discovery and 3. damages computation
share. What 4 points 4. insurance agreements which part of all judgement may be paid
need to be shared?
3. Rule 26(b)(1) discusses Discovery must be of
the Discovery Scope. Ex- 1. non-priv materials
plain... 2. relevant
3. proportional to needs of case considering
-issues at stake
-amount in controversy
-parties access to relevant info
-burden/expense outweighs benefit
4. Rule 26(b)(2)(B) has spe- 1. not reasonably accessible because of undue burden or costs
cific limitations on ESI
due to being __________.
However, even with a re-
sponse to a motion to
compel showing reasons,
a court may order dis-
covery if requesting party
shows good cause.
5. If you are claiming undue 1. If data is convertible to more accessible format
burden for not providing 2. costs to review
ESI, you must make as- 3. business disruption
sessment detailing
, ACEDS
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1 4. relevance of data source and value to litigation
2 5. whether data can be obtained through other means
3
4
5
6. Rule 26(f) outlines "Meet 1. consider nature and basis of claims and possibility of settling/re-
& Confer" aka pre-trial solving case
conference. What must 2. make/arrange for initial discovery
be addressed as dictated 3. discuss issues re preserving
by Rule 26(f)(2)? 4. develop proposed discovery plan
7. Rule 26(f)(3) requires par- 14 days
ties to create a discovery
plan that must be filed 1. changes in timing or requirement of initial disclosures
within ___________ days 2. subjects which discovery is needed, discovery completion date,
and must address... whether discovery is conducted in phases or specific issues
3. any issues re disclosure, discovery, or preservation including pro-
duction 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
8. Rule 34(a) dictates possession, custody or control
Request for Production
that are within the documents, ESI, tangible items
parties
________________________
including ____________
9. What does control in con- you have a legal right to that data e.g.: hosted on cloud application
text of producing?
, ACEDS
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10. Rule 34(b)(1) outlines 1. reasonable particularly
that Request for Produc- 2. reasonable time, place, manner for inspection
tion/Documents which 3. format in which ESI to be produced
must describe with
11. Rule 34(b)(2) outlines Re- 1. 30 days to respond
sponses and Objections. 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
12. Rule 30 permits party to oral deposition
take ______
13. Rule 33 allow parties to 25 Rogs
serve no more than _____
_____
14. Rule 37 addresses Failure fails to preserve ESI
to Cooperate. It allows fails to produce ESI
measures no greater fails to anticipate or cooperate with other parties in discovery process
than necessary to cure
prejudice incurred by a
parties failure to
1
2
3
15. Rule 37 1. presume lost info was unfavorable to party
2. adverse inference instructions
Upon finding party acted 3. dismiss action or enter default judgment
with intent to deprive an- 4. sanctions
Study online at https://quizlet.com/_bl76aj
1. What is discovery? Phase in litigation or legal dispute, after complaint/answer is filed,
when parties exchange info about facts of their case
2. What does FRCP 26(a)(1) 1. Contact info of individuals that have likely discoverable information
requires parties to make 2. Copy or description of description of ESI
initial discovery and 3. damages computation
share. What 4 points 4. insurance agreements which part of all judgement may be paid
need to be shared?
3. Rule 26(b)(1) discusses Discovery must be of
the Discovery Scope. Ex- 1. non-priv materials
plain... 2. relevant
3. proportional to needs of case considering
-issues at stake
-amount in controversy
-parties access to relevant info
-burden/expense outweighs benefit
4. Rule 26(b)(2)(B) has spe- 1. not reasonably accessible because of undue burden or costs
cific limitations on ESI
due to being __________.
However, even with a re-
sponse to a motion to
compel showing reasons,
a court may order dis-
covery if requesting party
shows good cause.
5. If you are claiming undue 1. If data is convertible to more accessible format
burden for not providing 2. costs to review
ESI, you must make as- 3. business disruption
sessment detailing
, ACEDS
Study online at https://quizlet.com/_bl76aj
1 4. relevance of data source and value to litigation
2 5. whether data can be obtained through other means
3
4
5
6. Rule 26(f) outlines "Meet 1. consider nature and basis of claims and possibility of settling/re-
& Confer" aka pre-trial solving case
conference. What must 2. make/arrange for initial discovery
be addressed as dictated 3. discuss issues re preserving
by Rule 26(f)(2)? 4. develop proposed discovery plan
7. Rule 26(f)(3) requires par- 14 days
ties to create a discovery
plan that must be filed 1. changes in timing or requirement of initial disclosures
within ___________ days 2. subjects which discovery is needed, discovery completion date,
and must address... whether discovery is conducted in phases or specific issues
3. any issues re disclosure, discovery, or preservation including pro-
duction 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
8. Rule 34(a) dictates possession, custody or control
Request for Production
that are within the documents, ESI, tangible items
parties
________________________
including ____________
9. What does control in con- you have a legal right to that data e.g.: hosted on cloud application
text of producing?
, ACEDS
Study online at https://quizlet.com/_bl76aj
10. Rule 34(b)(1) outlines 1. reasonable particularly
that Request for Produc- 2. reasonable time, place, manner for inspection
tion/Documents which 3. format in which ESI to be produced
must describe with
11. Rule 34(b)(2) outlines Re- 1. 30 days to respond
sponses and Objections. 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
12. Rule 30 permits party to oral deposition
take ______
13. Rule 33 allow parties to 25 Rogs
serve no more than _____
_____
14. Rule 37 addresses Failure fails to preserve ESI
to Cooperate. It allows fails to produce ESI
measures no greater fails to anticipate or cooperate with other parties in discovery process
than necessary to cure
prejudice incurred by a
parties failure to
1
2
3
15. Rule 37 1. presume lost info was unfavorable to party
2. adverse inference instructions
Upon finding party acted 3. dismiss action or enter default judgment
with intent to deprive an- 4. sanctions
