Deck 7: Discovery and Electronic Discovery: Overview and Interrogatories

Question 1

Mandatory disclosure replaces document production in discovery.

Answer 1

False

Question 2

A motion for mandatory disclosure must be filed within sixty days of the service of summons.

Answer 2

False

Question 3

Paralegals can help their clients by concealing discoverable evidence.

Answer 3

False

Question 4

The best tactic for winning a lawsuit is surprise.

Question 5

Disclosure is required in all federal courts.

Question 6

Discovery helps preserve evidence. ​

Question 7

The parties' planning meeting is held after the scheduling conference or order.

Question 8

Redundant discovery requests are discouraged.

Question 9

Interrogatories are a good way to find information before a lawsuit begins.

Question 10

Under federal disclosure, information unfavorable to your client's case need not be disclosed.

Question 11

Confidential information from the client must be revealed if it is requested through discovery.

Question 12

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

Question 13

The cost of discovery is about 50 percent of the cost of litigation.

Question 14

Under federal rules, attorneys must meet to plan disclosure and discovery.

Question 15

The U.S. Supreme Court has broadly ruled to facilitate discovery in international legal matters.

Question 16

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

Question 17

An exhibit that may be used at trial must be identified in pretrial disclosure.

Question 18

Trial preparation materials must be identified to the opposing party.

Question 19

Insurance agreements likely to cover damages are revealed through discovery.

Question 20

A preservation letter is best drafted in general terms so it can be used repeatedly.

Question 21

Federal rules limit the number of interrogatories to 50.

Question 22

If the answer to an interrogatory is unavailable or uncertain, you should state on information or belief.

Question 23

Disclosure of information on expert testimony ​

A) ​ includes a statement of general viewpoints.
B) ​ can be directed by the court or by stipulation between parties.
C) ​ cannot reveal the amount of compensation for the testimony.
D) ​ is a simple matter.

Question 24

Not all courts require that interrogatories be filed.

Question 25

Mandatory disclosure includes ​

A) ​ only documents.
B) ​ attorney work product.
C) ​ information to support a defense.
D) ​ all information connected to the case.

Question 26

Interrogatories require the attorney's signature and certificate of service. ​

Question 27

Client participation is important in answering interrogatories.

Question 28

A purpose of the preservation letter is to ​

A) ​ prevent the loss of e-information.
B) ​ facilitate the return of privileged information.
C) ​ aid the court in determining what is discoverable.
D) ​ preserve the use of interrogatories in e-discovery.

Question 29

Updating of discovery information is not necessary unless it is requested by the other side.

Question 30

The preservation letter should be ​

A) ​ sent by e-mail.
B) ​ sent by certified mail.
C) ​ sent after the parties' planning meeting.
D) ​ accompanied by a subpoena.

Question 31

​ Unless directed otherwise by the court, initial disclosure takes place

A) within fourteen days of the planning meeting. ​
B) ​ before the scheduling conference.
C) ​ when each party completes its investigation.
D) ​ after a motion to disclose has been filed.

Question 32

Interrogatories are authorized in Federal Rule 33 and parallel state rules. ​

Question 33

Information exchanged in disclosure could include ​

A) ​ the names of attorneys for the defense.
B) ​ a letter from the defendant to her attorney.
C) ​ a written statement of expert witness opinion.
D) ​ a copy of all the defendant's business records.

Question 34

When produced information is found to contain privileged material, the federal rules ​

A) ​ allow the receiving party to use the information.
B) ​ allow the receiving party to inform the client but no one else.
C) ​ require the producing party to notify the other party thirty days prior to trial.
D) ​ require the producing party to notify the other party promptly.

Question 35

Information stored in computers is secure, so its discovery can be left until later in the case. ​

Question 36

Mandatory disclosure is governed by ​

A) ​ Federal Rule 33.
B) ​ Federal Rule 26(a).
C) ​ Federal Rule 18(c).
D) ​ most state rules.

Question 37

You cannot object to part and answer part of the same interrogatory.

Question 38

Interrogatory questions should be engrossed with the answer.

Question 39

Interrogatories may not seek inadmissible evidence.

Question 40

Abbreviations are never allowed in interrogatories.

Question 41

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

A) ​ discovery requested is annoying to the opponent.
B) ​ discovery requested is too expensive for the opponent's resources.
C) ​ information requested is privileged.
D) ​ parties are late in responding.

Question 42

A party must amend its list of witnesses and any prior response to a discovery request, if it is no longer accurate, by ​

A) 30 days before trial. ​
B) ​ 120 days before trial.
C) ​ 30 days after the parties' planning meeting.
D) ​ filing a motion to amend.

Question 43

If answers are incomplete, the requesting party can ​

A) ​ do nothing.
B) ​ file a motion to compel.
C) ​ refuse to respond to discovery requests by the opponent.
D) ​ have the case dismissed.

Question 44

A set of interrogatories must be signed by the ​

A) paralegal. ​
B) ​ client.
C) ​ clerk of court.
D) ​ judge.

Question 45

In order for an item to be discoverable it must be relevant and ​

A) answer questions of law. ​
B) ​ appear that it will lead to admissible evidence.
C) ​ privileged.
D) ​ authenticated.

Question 46

The danger of opting to have the opponent examine the producing party's business records under Rule 33(d) is that ​

A) ​ unintended privileged and protected information might be revealed.
B) ​ it is much more expensive for the producing party.
C) ​ it is too time consuming.
D) ​ a motion for a protective order is likely.

Question 47

In answering interrogatories, always ​

A) ​ save time by allowing the other party to search your client's records.
B) ​ object in general to general questions.
C) ​ avoid distortion or misrepresentation.
D) ​ leave blank any questions you are unsure of.

Question 48

Initial disclosure eliminates the need for ​

A) ​ depositions.
B) ​ summons and complaint.
C) ​ early interrogatories.
D) ​ requests for admissions.

Question 49

With mandatory disclosure, interrogatories ​

A) ​ are not allowed in federal court.
B) ​ take the place of document production.
C) ​ serve as a follow-up.
D) ​ make depositions unnecessary.

Question 50

A report of the parties' planning meeting ​

A) ​ must be filed within fourteen days.
B) ​ is unnecessary.
C) ​ is an optional reminder for the attorneys.
D) ​ is submitted to the client for approval.

Question 51

An example of an item unsuitable for interrogatories is the ​

A) ​ identity of a witness to an accident.
B) ​ existence and location of specific records.
C) ​ physician's detailed account of an operation on plaintiff.
D) ​ insurance coverage of defendant.

Question 52

Answers to interrogatories should ​

A) ​ put the client in the best possible light.
B) ​ include an objection to each question.
C) ​ never include complete documents.
D) ​ not require the involvement of the client.

Question 53

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

A) ​ use the information to his or her client's advantage.
B) ​ inspect the information carefully.
C) ​ notify the client.
D) ​ notify the opposing attorney.

Question 54

Interrogatories should be answered ​

A) ​ orally, if stipulated by all parties.
B) ​ under oath.
C) ​ without objection.
D) ​ without revealing the true answer.

Question 55

Federal Rule 33 covers ​

A) ​ disclosure.
B) ​ privileged communication.
C) ​ paralegal ethics in discovery.
D) ​ interrogatories.

Question 56

List three purposes of discovery.

Question 57

Pretrial disclosure must be made ​

A) in response to a motion for disclosure. ​
B) ​ at least thirty days before trial.
C) ​ in the presence of a judge.
D) ​ before depositions are taken.

Question 58

The federal rule of civil procedure that defines the general scope and limits of discovery is Rule ​

A) ​ 26.
B) 30. ​
C) ​ 33.
D) ​ 25.

Question 59

Valid objections to interrogatories include that ​

A) ​ information sought is a factual conclusion.
B) ​ information sought is already known by opponent.
C) ​ question seeks admission.
D) ​ question is too broad.

Question 60

Federal rules require a party withholding privileged information to ​

A) ​ provide identification of that information to the opposing party.
B) ​ be penalized.
C) ​ file an affidavit with the court.
D) ​ reveal the information thirty days before trial.

Question 61

You need to find out if the defendant's automobile had defects in the steering column, brakes, exhaust, or electrical circuits during the year of the accident and also during the preceding year. Write one simple interrogatory question to elicit these multiple answers.

Question 62

List seven discovery devices.

Question 63

On what grounds may a party refuse to produce requested e-information, and what types of e-information are most likely to be covered by those grounds?

Question 64

What are the advantages of interrogatories?

Question 65

How can your understanding of the elements of the case help you in drafting interrogatories?

Question 66

When interrogatory answers are returned needing clarification, what are the options?

Question 67

Why is it a good idea to photocopy interrogatories submitted to you?

Question 68

Why is it important to word interrogatories carefully?