CFL Litigation Strategy & Case Management 2

Question 1

Under FRCP 26(f), the parties must confer to plan discovery at least how long before a scheduling conference is held or a Rule 16(b) scheduling order is due?

Accepted Answer

21 days

Answer

Rule 26(f)(1) requires the conference as soon as practicable and at least 21 days before the scheduling conference or scheduling order deadline.

Question 2

When does a party's duty to preserve potentially relevant evidence, including ESI, generally arise?

Accepted Answer

When litigation is reasonably anticipated

Answer

The duty to preserve attaches once litigation is reasonably foreseeable, which can come before any suit is filed.

Question 3

Under FRCP 37(e)(2), what must a court find before giving an adverse-inference jury instruction for lost ESI?

Accepted Answer

The party acted with intent to deprive another party of the information

Answer

The harshest Rule 37(e)(2) sanctions require a finding of intent to deprive, and negligence or gross negligence is not enough.

Question 4

Which of the following is NOT a proportionality factor under FRCP 26(b)(1)?

Accepted Answer

Whether the information would be admissible at trial

Answer

Rule 26(b)(1) says information within the scope of discovery need not be admissible in evidence to be discoverable.

Question 5

What is the main purpose of an early case assessment (ECA) in a complex financial dispute?

Accepted Answer

To evaluate merits, exposure, and likely costs so the client can choose a strategy such as settling or litigating

Answer

An ECA weighs the facts, legal risk, damages, and defense costs early so the client can make an informed decision about litigation or settlement.

CFL - Certified Financial Litigator Practice Test

CFL - Certified Financial Litigator Practice Test

CFL Litigation Strategy & Case Management 2