CLI Evidence Gathering & Case Preparation 2

Question 1

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?

Accepted Answer

25

Answer

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

Question 2

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?

Accepted Answer

FRE 902(11)

Answer

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

Question 3

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?

Accepted Answer

100 miles

Answer

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.

Question 4

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

Accepted Answer

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

Answer

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

Question 5

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:

Accepted Answer

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

Answer

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.

CLI - Certified Legal Investigator Practice Test

CLI - Certified Legal Investigator Practice Test

CLI Evidence Gathering & Case Preparation 2