ACP Civil Litigation & Trial Preparation 3

Question 1

A subpoena duces tecum commands a witness to:

Accepted Answer

Produce documents, records, or tangible items

Answer

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:

Accepted Answer

Admitted

Answer

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:

Accepted Answer

The substantive law of the state in which the court sits

Answer

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?

Accepted Answer

By the order in which materials will be used during trial

Answer

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?

Accepted Answer

Request for production of documents

Answer

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.

(ACP) Advanced Certified Paralegal Practice Test

(ACP) Advanced Certified Paralegal Practice Test

ACP Civil Litigation & Trial Preparation 3