Exam 8: Overview of the Discovery Process

Mutual disclosure of certain information has been mandated in civil lawsuits in federal court by Federal Rule ________.

Depositions are ________.

A relatively inexpensive type of discovery is the ________.

During the discovery stage in a lawsuit, it is important for the paralegal to understand that the term computer includes ________.

One of the primary objectives of discovery is to prevent one of the parties from winning the lawsuit by surprise or trickery.

If a party still refuses to comply after an order compelling cooperation is issued, the court can levy certain sanctions against the noncomplying party.

Sanctions for failure to comply with discovery requests are permitted against either or both the attorney and the client.

The attorney-client privilege may be lost or waived by Sanderson if she did not intend that a communication to her attorney be confidential.

Although the confessor-penitent privilege belongs to the penitent, the law also protects a clergy member who has taken a religious oath not to reveal the content of counseling sessions.

Limits on the discovery process include ________.

The work product privilege protects letters, memos, documents, records, and other tangible items that have been produced in anticipation of ________.

Interrogatories directed to Tricor are an inexpensive discovery tool.

Clawback agreements were authorized by the new amendments to the Federal Rules of Civil Procedure because the complicated nature of ESI makes the inadvertent revelation of privileged information more likely.

The final decision to assert the attorney-client privilege remains with ________.

The courts in the United States provide the same level of security for ESI as afforded by the European Union.

A meeting held between the judge and counsel for all parties prior to trial is known as a(n) ________.

The act of making known that which was unknown or not fully known is referred to as ________.

The attorney-client privilege is a privilege that belongs to the ________.

ESI includes most computer-generated records but excludes e-mail files.

An unethical discovery tactic is ________.