NALA Civil Litigation & Trial Procedures 2 — Questions and Answers
Question 1: Under the Federal Rules of Civil Procedure, a defendant must generally file an answer within how many days after being served with a summons and complaint?
- 14 days
- 21 days (Correct answer)
- 30 days
- 60 days
Correct answer: 21 days
FRCP Rule 12(a)(1)(A) requires a defendant to serve an answer within 21 days after being served with the summons and complaint.
Question 2: Which discovery device requires a party to admit or deny the truth of specific statements of fact?
- Interrogatories
- Requests for production
- Requests for admission (Correct answer)
- Depositions
Correct answer: Requests for admission
Requests for admission under FRCP Rule 36 ask a party to admit or deny specific statements, and unanswered requests are deemed admitted.
Question 3: A motion in limine is typically filed to:
- Dismiss the case before trial for lack of jurisdiction
- Exclude certain evidence or testimony before it is presented at trial (Correct answer)
- Request a continuance of the trial date
- Compel the opposing party to produce documents
Correct answer: Exclude certain evidence or testimony before it is presented at trial
A motion in limine asks the court to rule in advance on the admissibility of specific evidence so it is not presented to the jury.
Question 4: In federal court, what is the maximum number of interrogatories a party may serve on another party without leave of court?
- 15
- 25 (Correct answer)
- 50
- 100
Correct answer: 25
FRCP Rule 33(a)(1) limits each party to 25 written interrogatories, including all discrete subparts, absent a court order or stipulation.
Question 5: Which doctrine allows a court to dismiss a case because a more convenient forum exists in another jurisdiction?
- Res judicata
- Forum non conveniens (Correct answer)
- Collateral estoppel
- Venue transfer
Correct answer: Forum non conveniens
Forum non conveniens allows dismissal when another forum is substantially more convenient for the parties and witnesses.
Question 6: A writ of garnishment is used to:
- Freeze assets pending trial
- Collect a judgment by seizing the debtor's wages or bank accounts held by a third party (Correct answer)
- Compel a witness to appear at trial
- Search the defendant's property for evidence
Correct answer: Collect a judgment by seizing the debtor's wages or bank accounts held by a third party
Garnishment is a post-judgment collection tool that directs a third party (employer or bank) to withhold funds owed to the judgment debtor.
Question 7: During voir dire, a party exercises a peremptory challenge to:
- Strike a juror for a specific legally recognized reason
- Strike a juror without stating any reason, within the allowed number (Correct answer)
- Request the judge disqualify an entire jury panel
- Challenge the court's jury selection procedure
Correct answer: Strike a juror without stating any reason, within the allowed number
Peremptory challenges allow attorneys to excuse a limited number of prospective jurors without providing any reason, unlike challenges for cause.
NALA Civil Litigation & Trial Procedures 2
Under the Federal Rules of Civil Procedure, a defendant must generally file an answer within how many days after being served with a summons and complaint?