Evidence Gathering & Case Preparation Flashcards

Under Federal Rule of Civil Procedure 33, absent a stipulation or court order, how many written interrogatories (including discrete subparts) may a party serve on another party?

Answer: 25

FRCP 33(a)(1) limits each party to 25 interrogatories, including discrete subparts, unless the parties stipulate or the court orders otherwise.

An investigator obtains a document from a corporation and needs a records custodian to authenticate it without live testimony. Which Federal Rule of Evidence allows a certified domestic business record to be self-authenticating?

Answer: FRE 902(11)

FRE 902(11) makes certified domestic records of regularly conducted activity self-authenticating when accompanied by a qualifying custodian certification.

A Rule 45 subpoena commanding a non-party to attend a deposition generally may require attendance only within what distance of where the person resides, is employed, or regularly transacts business in person?

Answer: 100 miles

FRCP 45(c)(1)(A) sets the geographic limit at 100 miles from where the person resides, is employed, or regularly transacts business in person.

When collecting a blood-stained shirt as evidence, which packaging is most appropriate?

Answer: An air-dried item placed in a paper bag or envelope

Biological evidence should be air-dried and packaged in paper so moisture does not promote mold and bacterial degradation.

An investigator's interview notes reflect counsel's litigation strategy and were prepared at the attorney's direction after suit was anticipated. These notes are most likely protected as:

Answer: Opinion work product under FRCP 26(b)(3)

Materials prepared in anticipation of litigation by a party's representative are work product, and those reflecting mental impressions or strategy receive the strongest (opinion) protection.

Which Federal Rule of Evidence permits a party to present voluminous records through a chart or summary, provided the underlying originals are made available to other parties?

Answer: FRE 1006

FRE 1006 allows summaries, charts, or calculations of voluminous writings or recordings that cannot conveniently be examined in court.

A witness tells an investigator, 'I saw the truck run the red light,' but later at deposition cannot recall details. The investigator's signed, adopted statement taken when memory was fresh could be read into evidence under which hearsay exception?

Answer: Recorded recollection, FRE 803(5)

FRE 803(5) allows a record made or adopted by the witness when the matter was fresh to be read into evidence if the witness now lacks sufficient memory to testify fully.