Legal Civil Procedure & Litigation 4

Question 1

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

Accepted Answer

A list of all documents the opposing party should request

Answer

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

Question 2

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

Accepted Answer

25

Answer

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

Question 3

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

Accepted Answer

One day of 7 hours

Answer

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

Question 4

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

Accepted Answer

Substantial need and inability to obtain the equivalent without undue hardship

Answer

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

Question 5

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

Accepted Answer

Proportional to the needs of the case

Answer

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

Legal - Attorneys Practice Test