Civil Procedure & Litigation Flashcards

Which of the following is NOT required in Rule 26(a)(1) initial disclosures?

Answer: A list of all documents the opposing party should request

Initial disclosures cover a party's own witnesses, documents, damages computation, and insurance, not the opponent's requests.

Absent stipulation or court order, a party may serve how many interrogatories on another party, including discrete subparts?

Answer: 25

Rule 33(a)(1) caps interrogatories at 25 including discrete subparts.

Under the Federal Rules, absent stipulation or order, a deposition is limited to:

Answer: One day of 7 hours

Rule 30(d)(1) limits a deposition to one day of 7 hours.

Ordinary (fact) work product prepared in anticipation of litigation may be discovered if the requesting party shows:

Answer: Substantial need and inability to obtain the equivalent without undue hardship

Rule 26(b)(3)(A) allows discovery of ordinary work product on a showing of substantial need and undue hardship.

Under Rule 26(b)(1), the scope of discovery covers nonprivileged matter that is relevant to any party's claim or defense and:

Answer: Proportional to the needs of the case

The 2015 amendments made proportionality part of the definition of discoverable scope.

A party served with Rule 36 requests for admission fails to respond within 30 days. The result is that the matters are:

Answer: Deemed admitted

Under Rule 36(a)(3), unanswered requests are deemed admitted.

Under Rule 37(e)(2), to impose an adverse-inference instruction for lost ESI, the court must find that the party:

Answer: Acted with intent to deprive another party of the information's use

Severe sanctions under Rule 37(e)(2) require a finding of intent to deprive.