Exam 7: Discovery and Electronic Discovery: Overview and Interrogatories

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In answering interrogatories, always

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C

The federal court may limit the volume of discovery devices if the

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B

Federal Rule 26(b)(5) requires a party withholding privileged information to

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A

When must mandatory disclosure occur? What must occur before an opposing party can depose an expert under this rule?

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Assume that you are a paralegal for a firm representing Make Tracks, Inc., Case III. In the discovery stage, your attorney asks you to draft as many questions as you can because she wants to "paper the plaintiff to death." She also says answer plaintiff's questions as narrowly as possible, and respond that requested safety test reports have been temporarily misplaced, even though you saw them in the file yesterday. What specific ethical concerns arise and what rules of professional conduct apply?

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The best tactic for winning a lawsuit is surprise.

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Interrogatories may not seek inadmissible evidence.

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According to ABA Formal Opinion 92-368, the attorney receiving protected information inadvertently sent by the opposing party should

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What is the function of a preservation letter? What are its benefits? What makes a good preservation letter?

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Disclosure of information on expert testimony

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List and define the seven discovery devices set out in the Federal Rules of Civil Procedure.

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The amount of compensation to an expert witness is privileged information .

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Drawing from the discussion on the scope and limitation of disclosure and discovery plus the pertinent rules of evidence discussed in Chapter 3, indicate whether the following would be discoverable in the Ann Forrester case. If an item would be discoverable only on a showing of undue hardship, indicate that as well. The first item is completed for you as an example. D = discoverable, ND = not discoverable, R = reason not discoverable, E = exceptional circumstances, H = undue hardship.

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List three purposes of discovery.

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Client participation is important in answering interrogatories.

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Discovery of computerized information requires no more than basic word-processing skills.

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What kinds of information lend themselves to exploration through interrogatories?

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Information is discoverable unless it

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Valid objections to interrogatories include which of the following?

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Once the recipient party is notified that the opponent has produced privileged information, what are the recipient party's options under Rule 26(b)(5)?

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