NALA Civil Litigation & Trial Procedures 3

Question 1

Under FRCP Rule 26(a)(1), parties must provide initial disclosures:

Accepted Answer

Without awaiting a discovery request, within 14 days of the Rule 26(f) conference

Answer

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:

Accepted Answer

Notifies the public that litigation is pending affecting title to specific real property

Answer

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:

Accepted Answer

Preponderance of the evidence

Answer

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:

Accepted Answer

A party holding funds or property is subject to competing claims from multiple claimants

Answer

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?

Accepted Answer

Answer the question unless counsel instructs not to answer based on privilege

Answer

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.

(NALA) National Association of Legal Assistants Certification Practice Test

(NALA) National Association of Legal Assistants Certification Practice Test

NALA Civil Litigation & Trial Procedures 3