ACP Evidence & Discovery Management 2

Question 1

Under FRCP Rule 26(a)(1), when must a party provide initial disclosures to the opposing party?

Accepted Answer

Without awaiting a discovery request, within 14 days after the Rule 26(f) conference

Answer

Within 60 days after the complaint is filed with the court

Answer

Only after the opposing party has served interrogatories on the disclosing party

Answer

Simultaneously with filing the answer to the complaint

Question 2

Without leave of court, how many interrogatories may a party serve on another party under FRCP Rule 33?

Accepted Answer

25 interrogatories, including all discrete subparts

Answer

10 interrogatories, including all discrete subparts

Answer

50 interrogatories, including all discrete subparts

Answer

Unlimited, subject only to the court's proportionality review

Question 3

A 'litigation hold' notice should be issued:

Accepted Answer

When litigation is reasonably anticipated, to preserve potentially relevant documents and data

Answer

Only after a lawsuit has been formally filed in court

Answer

Upon receipt of an opposing party's discovery requests

Answer

After the court has issued a scheduling order in the case

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?

Accepted Answer

30 days

Answer

14 days

Answer

21 days

Answer

45 days

Question 5

The primary function of a deposition under FRCP Rule 30 is to:

Accepted Answer

Gather sworn testimony from witnesses before trial and preserve it for potential use at trial

Answer

Obtain a preliminary court ruling on the admissibility of anticipated evidence

Answer

Compel production of documents and tangible things from third parties

Answer

Request that the opposing party admit or deny specific facts

Question 6

Which discovery tool is specifically designed to obtain admissions of fact from the opposing party that narrow the issues for trial?

Accepted Answer

Requests for Admission under FRCP Rule 36

Answer

Interrogatories under FRCP Rule 33

Answer

Requests for Production under FRCP Rule 34

Answer

Subpoenas under FRCP Rule 45

Question 7

Which of the following best defines 'spoliation' of evidence in the discovery context?

Accepted Answer

The destruction, alteration, concealment, or failure to preserve evidence after a duty to preserve has arisen

Answer

Failing to authenticate evidence prior to producing it in discovery

Answer

Inadvertently producing privileged documents during the discovery process

Answer

Objecting to a discovery request without providing legally sufficient justification