Exam 11: The Changing Face of Discovery and the Basics of E-Discovery

If properly conducted,discovery can eliminate the potential for _________ in evidence presented at trial.

Advances in technology have dramatically increased the availability and accessibility of information in discovery.

______ refers to information about a document,such as who created it; the date it was created,modified,or accessed; and other information related to its existence and location is referred to as metadata.

Mandatory disclosure under the Federal Rules of Civil Procedure is designed to bring about:

Information about a document,such as who created it; the date it was created,modified,or accessed; and other information related to its existence and location is referred to as:

Discovery cannot reduce the potential for surprises in evidence presented at trial.

Any item of information is ___________ for purposes of discovery where it has a relationship to evidence about the litigation and is likely to lead to admissible evidence.

To protect and retrieve inadvertently disclosed confidential or privileged materials:

A__________ is a list of documents claimed by the submitting party to contain material subject to privilege or work product doctrine exclusion.

_________ depositions are used in many cases to preserve the testimony of a witness who might otherwise be unable to attend the trial.

The content metadata is used to track or locate the file containing the data,such as the file name,size,and location

To claim a document as privileged requires the submission of a privilege log identifying the item and the reason for the privilege.

Discovery is intended to help each litigant understand and evaluate the opponent's case,as well as the litigant's own.

What is the duty of the litigation team regarding the disclosure of electronically stored information? What are the limitations on this duty?

________ is meant to reduce the time and cost of formal discovery.

Under the Federal Rules of Civil Procedure,the discovery process starts with an __________

Under the Federal Rules of Civil Procedure,information is discoverable if it is not privileged and if it is relevant or may lead to relevant evidence.

_________ allow parties to directly question parties and witnesses,under oath,without the limitation of carefully prepared,written answers to interrogatories.

A list of documents claimed by the submitting party to contain material subject to privilege or work product exclusion is called ____________.

The toxic tort case being handled by Jack Parsons' firm has finally begun.When settlement negotiations broke down,the complaint was filed in federal district court.Jack is anticipating vast quantities of electronic documents to be produced by both sides.On the plaintiff side,there are volumes of medical records documenting the illnesses,along with toxicology studies about the chemicals at issue.The defendant chemical company is a Fortune 500 firm,and is expected to have thousands of electronic documents that could be potentially related to the litigation.A "meet-and-confer" conference has been scheduled.What is supposed to occur at the conference? How should Jack prepare for this meeting?