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

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?

Accepted Answer

25 interrogatories, including all discrete subparts

Answer

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:

Accepted Answer

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

Answer

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?

Accepted Answer

30 days

Answer

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:

Accepted Answer

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

Answer

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.

(ACP) Advanced Certified Paralegal Practice Test

(ACP) Advanced Certified Paralegal Practice Test

ACP Evidence & Discovery Management 2