ACP Civil Litigation & Trial Preparation 3 — Questions and Answers
Question 1: A subpoena duces tecum commands a witness to:
- Appear and testify at a deposition or trial
- Produce documents, records, or tangible items (Correct answer)
- Submit to a medical examination
- Answer written interrogatories under oath
Correct answer: Produce documents, records, or tangible items
A subpoena duces tecum (literally 'bring with you') compels a non-party to produce specified documents, records, or other tangible evidence.
Question 2: When a party fails to respond to requests for admission within the time allowed, the matters are deemed:
- Objected to
- Admitted (Correct answer)
- Denied
- Stayed pending further order
Correct answer: Admitted
Under FRCP Rule 36(a)(3), if a party does not respond to requests for admission within 30 days, each matter is automatically deemed admitted.
Question 3: The Erie doctrine, arising from Erie Railroad Co. v. Tompkins, requires federal courts sitting in diversity to apply:
- Federal common law to all substantive issues
- The substantive law of the state in which the court sits (Correct answer)
- Federal procedural and substantive law in all cases
- The law of the state where the cause of action arose regardless of court location
Correct answer: The substantive law of the state in which the court sits
The Erie doctrine holds that federal courts must apply the substantive law of the forum state in diversity cases, while applying federal procedural rules.
Question 4: A paralegal preparing a trial notebook should typically organize it in what order?
- Alphabetically by witness name
- Chronologically by date of incident
- By the order in which materials will be used during trial (Correct answer)
- By document type regardless of anticipated use
Correct answer: By the order in which materials will be used during trial
A trial notebook is most effective when organized in the order materials will be needed during trial, including jury selection, opening, witnesses, exhibits, and closing.
Question 5: Which discovery tool is limited to parties and cannot be served on non-party witnesses?
- Subpoena duces tecum
- Request for production of documents (Correct answer)
- Deposition notice
- Request for inspection
Correct answer: Request for production of documents
Requests for production of documents under FRCP Rule 34 can only be served on parties to the lawsuit; non-parties must be compelled to produce documents via subpoena.
Question 6: The standard for granting summary judgment under FRCP Rule 56 is that there is:
- A preponderance of evidence favoring the moving party
- No genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law (Correct answer)
- Clear and convincing evidence that the non-movant cannot prevail
- Probable cause that the moving party will succeed at trial
Correct answer: No genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law
Summary judgment is proper when there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law, per FRCP Rule 56(a).
Question 7: An expert witness retained solely for litigation consultation, whose opinions will not be presented at trial, is generally:
- Subject to full discovery as any other expert
- Protected from discovery as a consulting expert under work product doctrine (Correct answer)
- Required to be disclosed in initial disclosures
- Prohibited from communicating with counsel
Correct answer: Protected from discovery as a consulting expert under work product doctrine
Non-testifying consulting experts are generally protected from discovery under FRCP Rule 26(b)(4)(D) absent exceptional circumstances, distinguishing them from testifying experts.
ACP Civil Litigation & Trial Preparation 3
A subpoena duces tecum commands a witness to: