Question 1

Under Rule 6(b), a motion to shorten the time for a party to respond to a request for an inspection cannot be made ex parte.

Accepted Answer

A) True 
 B)False  True

Question 2

For what purpose can a party demand the right to inspect real estate that is under the control of another party?

Accepted Answer

The purpose of the inspection must come within the scope of discovery provided by Rule 26(b). The inspection must be for the purpose of obtaining evidence or information that will lead to the discovery of evidence relevant to the case.

Question 3

What may the proponent do if the parties cannot agree upon a mutually convenient time and place for the inspection or cannot obtain agreement upon the manner in which the inspection may be conducted?

Accepted Answer

In that case, the proponent may move the court for an order that specifies when, where, and how the proponent may conduct the inspection.

Question 4

What may a court do if the parties cannot agree on how the tests should be done?

Accepted Answer

The court may appoint an exper

Question 5

A paralegal may prepare, sign, and serve the demand for inspection.

Accepted Answer

A) True 
 B)False

Question 6

What information must be contained in a demand for inspection?

Accepted Answer

The demand for an inspection must identi

Question 7

Rule 26(b) which limits the scope of discovery to matters that are relevant does not apply to inspections of properties conducted pursuant to Rule 34.

Accepted Answer

A) True 
 B)False

Question 8

Rule 34 does not provide access to:

Accepted Answer

A)  property owned by a party. 
B)  property controlled by a party. 
C)  property legally possessed by a party. 
D)  none of the above. 
A)  property owned by a party. 
B)  property controlled by a party. 
C)  property legally possessed by a party. 
D)  none of the above.

Question 9

List two of the primary purposes of the respondent's written response to a proponent's demand for inspection.

Accepted Answer

First, the response must tell the propon

Question 10

A party may not use a subpoena duces tecum to compel another party to produce personal property, including documents, for inspection.

Accepted Answer

A) True 
 B)False

Question 11

Define
-destructive testing.

Accepted Answer

A destructive test is one that

Question 12

A party must serve the demand for inspection upon all other parties even though the demand for inspection applies to property under the control of only one party.

Accepted Answer

A) True 
 B)False

Question 13

A party who wants to inspect another party's property must make a motion and show "good cause" as a prerequisite.

Accepted Answer

A) True 
 B)False

Question 14

What recourse does a party have if the other party, in response to a request for inspection submitted under Rule 34, fails to respond that the inspection will be permitted as requested or fails to allow inspection as requested?

Accepted Answer

Under Rule 37(a)(2), "the discovering pa

Question 15

What may a party do if he or she needs to obtain access to a building that is under the control of a non-party who is uncooperative?

Accepted Answer

The only recourse is to obtain

Question 16

What information must be contained in a demand for inspection?

Accepted Answer

The demand for an inspection must identi

Question 17

An inspection of property or things is not permitted when which of the following testing procedures is involved:

Accepted Answer

A)  partial destruction. 
B)  total destruction. 
C)  invasive procedures. 
D)  all of the above. 
E)  none of the above. 
A)  partial destruction. 
B)  total destruction. 
C)  invasive procedures. 
D)  all of the above. 
E)  none of the above.

Question 18

Rule 29 permits modification of the discovery procedures to be made by either oral or written stipulation.

Accepted Answer

A) True 
 B)False

Question 19

When can you use a subpoena duces tecum to obtain access to real estate to photograph the property?

Accepted Answer

The answer of When can you use a subpoena duces...

Question 20

Rule 34 provides that the respondent shall have at least days after service of the summons and complaint upon the defendant in which to prepare a response to the demand; otherwise the limit is days.

Accepted Answer

A)  30; 30. 
B)  30; 45. 
C)  45; 30. 
D)  45; 45. 
A)  30; 30. 
B)  30; 45. 
C)  45; 30. 
D)  45; 45.

Exam 15: Inspection of Property, Documents, and Things

Under Rule 6(b), a motion to shorten the time for a party to respond to a request for an inspection cannot be made ex parte.

For what purpose can a party demand the right to inspect real estate that is under the control of another party?

What may the proponent do if the parties cannot agree upon a mutually convenient time and place for the inspection or cannot obtain agreement upon the manner in which the inspection may be conducted?

What may a court do if the parties cannot agree on how the tests should be done?

A paralegal may prepare, sign, and serve the demand for inspection.

What information must be contained in a demand for inspection?

Rule 26(b) which limits the scope of discovery to matters that are relevant does not apply to inspections of properties conducted pursuant to Rule 34.

Rule 34 does not provide access to:

List two of the primary purposes of the respondent's written response to a proponent's demand for inspection.

A party may not use a subpoena duces tecum to compel another party to produce personal property, including documents, for inspection.

Define -destructive testing.

A party must serve the demand for inspection upon all other parties even though the demand for inspection applies to property under the control of only one party.

A party who wants to inspect another party's property must make a motion and show "good cause" as a prerequisite.

What recourse does a party have if the other party, in response to a request for inspection submitted under Rule 34, fails to respond that the inspection will be permitted as requested or fails to allow inspection as requested?

What may a party do if he or she needs to obtain access to a building that is under the control of a non-party who is uncooperative?

What information must be contained in a demand for inspection?

An inspection of property or things is not permitted when which of the following testing procedures is involved:

Rule 29 permits modification of the discovery procedures to be made by either oral or written stipulation.

When can you use a subpoena duces tecum to obtain access to real estate to photograph the property?

Rule 34 provides that the respondent shall have at least days after service of the summons and complaint upon the defendant in which to prepare a response to the demand; otherwise the limit is days.

Litigation Principles

Lawyer and Client Relationship and Ethics

Court Organization

Causes of Action and Remedies

Affirmative Defenses

Introduction to Federal Procedure

Gathering Evidence

Evidence

Conducting an Investigation

Expert Witnesses

Interrogatories

Oral Depositions

Preparing Client for Deposition

Medical Examinations and Records

Requests for Admissions

Motions

Preparation for Trial

Structure of a Civil Trial

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Settlements, Releases, and Dismissals

Arbitration and Mediation Glossary

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