NALA Civil Litigation & Trial Procedures 3 — Questions and Answers
Question 1: Under FRCP Rule 26(a)(1), parties must provide initial disclosures:
- Only after a formal discovery request is made
- At the Rule 16 scheduling conference
- Without awaiting a discovery request, within 14 days of the Rule 26(f) conference (Correct answer)
- Within 30 days of filing the complaint
Correct answer: Without awaiting a discovery request, within 14 days of the Rule 26(f) conference
FRCP Rule 26(a)(1)(C) requires initial disclosures within 14 days after the Rule 26(f) conference unless the court orders otherwise.
Question 2: A lis pendens is a recorded notice that:
- Confirms a judgment lien has been placed on real property
- Notifies the public that litigation is pending affecting title to specific real property (Correct answer)
- Transfers title of disputed property to a neutral third party
- Terminates a pending lawsuit by settlement
Correct answer: Notifies the public that litigation is pending affecting title to specific real property
A lis pendens provides constructive notice that a lawsuit is pending that may affect title to real property, warning potential buyers.
Question 3: The standard of proof required in most civil cases is:
- Beyond a reasonable doubt
- Clear and convincing evidence
- Preponderance of the evidence (Correct answer)
- Probable cause
Correct answer: Preponderance of the evidence
Preponderance of the evidence — meaning more likely than not (greater than 50%) — is the standard burden of proof in most civil litigation.
Question 4: An interpleader action is appropriate when:
- Two plaintiffs file competing claims against the same defendant
- A party holding funds or property is subject to competing claims from multiple claimants (Correct answer)
- A defendant files a counterclaim against the plaintiff
- A third party seeks to intervene in an existing lawsuit
Correct answer: A party holding funds or property is subject to competing claims from multiple claimants
Interpleader under FRCP Rule 22 allows a stakeholder holding money or property to join all competing claimants in a single action to resolve who is entitled to it.
Question 5: When a deposition witness is asked a question and counsel objects, what should the witness generally do in a federal deposition?
- Refuse to answer until the court rules on the objection
- Answer the question unless counsel instructs not to answer based on privilege (Correct answer)
- Leave the room while counsel argues the objection
- Request a break to consult with counsel before answering
Correct answer: Answer the question unless counsel instructs not to answer based on privilege
Under FRCP Rule 30(c)(2), objections are noted on the record but the examination proceeds, and the witness answers unless instructed not to based on privilege.
Question 6: A judgment notwithstanding the verdict (JNOV), now called judgment as a matter of law under FRCP Rule 50(b), must be filed within:
- 10 days of the verdict
- 28 days of the entry of judgment (Correct answer)
- 30 days of the verdict
- 60 days of the entry of judgment
Correct answer: 28 days of the entry of judgment
FRCP Rule 50(b) requires a renewed motion for judgment as a matter of law to be filed no later than 28 days after the entry of judgment.
Question 7: Which type of jurisdiction refers to a court's power to hear a particular type of case based on the subject matter?
- Personal jurisdiction
- Subject matter jurisdiction (Correct answer)
- In rem jurisdiction
- Quasi in rem jurisdiction
Correct answer: Subject matter jurisdiction
Subject matter jurisdiction defines the types of cases a court is empowered to adjudicate, such as federal question or diversity jurisdiction in federal courts.
NALA Civil Litigation & Trial Procedures 3
Under FRCP Rule 26(a)(1), parties must provide initial disclosures: