ACP Evidence & Discovery Management 2 — Questions and Answers
Question 1: Under FRCP Rule 26(a)(1), when must a party provide initial disclosures to the opposing party?
- Within 60 days after the complaint is filed with the court
- Without awaiting a discovery request, within 14 days after the Rule 26(f) conference (Correct answer)
- Only after the opposing party has served interrogatories on the disclosing party
- Simultaneously with filing the answer to the complaint
Correct answer: Without awaiting a discovery request, within 14 days after the Rule 26(f) conference
FRCP Rule 26(a)(1) requires parties to provide initial disclosures without waiting for any discovery request, within 14 days after the parties' Rule 26(f) planning conference.
Question 2: Without leave of court, how many interrogatories may a party serve on another party under FRCP Rule 33?
- 10 interrogatories, including all discrete subparts
- 25 interrogatories, including all discrete subparts (Correct answer)
- 50 interrogatories, including all discrete subparts
- Unlimited, subject only to the court's proportionality review
Correct answer: 25 interrogatories, including all discrete subparts
FRCP Rule 33(a)(1) limits each party to serving no more than 25 written interrogatories, including all discrete subparts, without first obtaining leave of court.
Question 3: A 'litigation hold' notice should be issued:
- Only after a lawsuit has been formally filed in court
- When litigation is reasonably anticipated, to preserve potentially relevant documents and data (Correct answer)
- Upon receipt of an opposing party's discovery requests
- After the court has issued a scheduling order in the case
Correct answer: When litigation is reasonably anticipated, to preserve potentially relevant documents and data
The duty to preserve arises and a litigation hold should be issued when a party reasonably anticipates litigation, even before a lawsuit is formally filed, to prevent spoliation of potentially relevant evidence.
Question 4: Under FRCP Rule 34(b)(2)(A), a party must respond to a document production request within how many days of being served?
- 14 days
- 21 days
- 30 days (Correct answer)
- 45 days
Correct answer: 30 days
FRCP Rule 34(b)(2)(A) provides that the party to whom a document production request is directed must respond within 30 days after being served, unless a different deadline is stipulated or ordered.
Question 5: The primary function of a deposition under FRCP Rule 30 is to:
- Obtain a preliminary court ruling on the admissibility of anticipated evidence
- Gather sworn testimony from witnesses before trial and preserve it for potential use at trial (Correct answer)
- Compel production of documents and tangible things from third parties
- Request that the opposing party admit or deny specific facts
Correct answer: Gather sworn testimony from witnesses before trial and preserve it for potential use at trial
Depositions allow parties to obtain sworn, recorded testimony from witnesses before trial to discover facts, preserve testimony, and lock in witness statements for impeachment or use at trial.
Question 6: Which discovery tool is specifically designed to obtain admissions of fact from the opposing party that narrow the issues for trial?
- Interrogatories under FRCP Rule 33
- Requests for Production under FRCP Rule 34
- Requests for Admission under FRCP Rule 36 (Correct answer)
- Subpoenas under FRCP Rule 45
Correct answer: Requests for Admission under FRCP Rule 36
Requests for Admission under FRCP Rule 36 ask the opposing party to admit or deny specific facts; admitted matters are conclusively established for purposes of the litigation, narrowing trial issues.
Question 7: Which of the following best defines 'spoliation' of evidence in the discovery context?
- Failing to authenticate evidence prior to producing it in discovery
- The destruction, alteration, concealment, or failure to preserve evidence after a duty to preserve has arisen (Correct answer)
- Inadvertently producing privileged documents during the discovery process
- Objecting to a discovery request without providing legally sufficient justification
Correct answer: The destruction, alteration, concealment, or failure to preserve evidence after a duty to preserve has arisen
Spoliation occurs when a party destroys, alters, conceals, or fails to preserve evidence after a legal duty to preserve arose, potentially resulting in sanctions such as adverse inference instructions or case termination.
ACP Evidence & Discovery Management 2
Under FRCP Rule 26(a)(1), when must a party provide initial disclosures to the opposing party?