litigation final 9-12

In determining how far a deponent can be required to travel to a deposition, Rule ________ of the Federal Rules of Court Procedures must be consulted.

45

If the attorney is present at the deposition to protect the interests of the client who is being deposed, the attorney is said to be defending the deposition.

true

In a document request, the following forms of ESI are discoverable: data stored in laptops, desktop PCs, PDAs, hard drives, mobile phones, fax machines, flash drives, digital cameras, and e-mail systems.

true

Interrogatories are best used at an early stage in the discovery process to help an attorney determine what documents are available for a later document production request.

true

Interrogatories may be used only between parties.

true

Interrogatories that identify contentions are permissible under the Federal Rules

true

. Rule 34 of the Federal Rules of Civil Procedure prohibits serving a formal request for document production before the parties have conferred as required under Rule 26.

true

A nonparty may be required to produce documents at his or her deposition

true

A party has 30 days to answer interrogatories, unless the interrogatories are served with the complaint.

true

A physical or mental examination is the examination of a party in a lawsuit to determine factual information about the physical or mental condition of that party

true

All the interrogatories sent to a party at one time constitute a set

true

An amendment to the Federal Rules of Civil Procedure limits the amount of time that can be spent on a single deposition to a single day and a maximum of seven hours.

true

An attorney is permitted to ask the deponent questions in a deposition that could not be asked at trial because these questions seek evidence that is not admissible

true

Documents reflecting communications to and from both inside and outside counsel are afforded the attorney-client privilege.

true

A deponent must be reimbursed for the expenses of ________

a and b

The title of the interrogatories should identify ________.

a and b

A deposition is the ________.

a or b

In a telephone deposition, the court reporter is ________.

a or b

The Federal Rules of Civil Procedure set out essential requirements for the trial judge to grant the motion for a compulsory examination, including ________.

a or b

. An advantage of interrogatories is that they are ________.

all

. Interrogatories aimed at determining the nature of an opponent's computer system should specify that the term computer includes ________.

all

. Objections to questions asked of the deponent can be based on ________

all

A disadvantage of interrogatories is that they ________.

all

A reason that clients should not conduct a document search without someone from the law firm is that clients

all

A type of document production is ________ production

all

An objection to interrogatories may be made if the interrogatory is ________.

all

Cases in which physical and mental examinations are often used include ________.

all

Federal Rules require that a response to an interrogatory be supplemented when ________

all

Metadata frequently involves tracking records that log ________.

all

Reasons for allowing physical and mental examinations are ________.

all

The definition section of a set of interrogatories can ________.

all

The paralegal's role in the request for a physical or mental examination may include ________.

all

When presented with a proposed order for granting a motion for a compulsory examination, the judge may ________.

all

A paralegal may not be asked to perform which of the following tasks at deposition?

asking questions

. In which of the following scenarios would a motion for a compulsory mental or physical examination not be granted?

b or c

1. In most states, a subpoena may be served by ________.

b or c

The legal means to secure the presence of a nonparty witness for deposition is known as a ________.

b or c

Documents inadmissible at trial will ________.

be produced if led to admissible evidence

A subpoena, an official document commanding a person to be present at a deposition, is issued by ________.

court clerk

The individual who places a deponent under oath is ________

court reporter

The party attempting to obtain a response from another party who has failed to respond to interrogatories may use ________.

d

The term redact is synonymous with ________.

delete

. A discovery tool used to gain access to real property for inspection to obtain facts for a lawsuit is referred to as a(n) ________.

demand for inspection

The secrecy of documents may be assured by ________.

either

9. A request for a mental examination would be granted if neither mental nor emotional injuries have been alleged

false

9. Documents may not be produced in lieu of answering a particular interrogatory

false

9. Only original documents can be produced.

false

A deposition does not commit a deponent to one oral version of the facts

false

A party may not be required to bring documents to his or her deposition

false

Documents in the possession of a party's tax consultant do not have to be produced

false

Federal rules do not permit litigants to scan paper documents for electronic storage.

false

Interrogatories addressed to a corporation may only be answered by an officer of the corporation

false

Interrogatories may not be used to impeach a witness at the time of trial.

false

Interrogatories need not be answered under oath

false

Multiple sets of interrogatories cannot be served on the parties to a lawsuit

false

The attorney may not ask the deponent questions that could reasonably lead to the discovery of admissible evidence.

false

The request for a physical or mental examination may not be made if the party who is to undergo the examination is a minor in the custody of a parent or a legally incapacitated person under the legal control of a guardian.

false

The work product privilege is an absolute privilege and precludes production of documents in that category

false

Permission for the party to be examined to allow his or her own physician to be present during the examination is ________.

soley w discretion of trial judge

If agreement for a mental or physical examination cannot be reached, ________.

formal motion for compulsory

. The discretion of the trial judge to grant a motion for a compulsory examination ________.

includes authority

. In a document request, which of the following forms of ESI are not discoverable?

none of the choices

Caution must be exercised in asking for a copy of the physician's report or the laboratory test results after the examination of the firm's client ________.

provisions under rules about reciprocal

Notice is a formal written notification to the person to be examined and to the other parties

true

One primary disadvantage of the oral deposition is that it is inconvenient

true

One reason the law allows physical and mental examinations is to establish the truth about the plaintiff's allegations of physical or mental injuries.

true

Permitting physical and mental examinations discourages the filing of false or exaggerated claims

true

Physical and mental examinations invade the privacy of the person submitting to the examination

true

Properly drafted interrogatories can help narrow the issues and facts in preparation for trial

true

Residents of a district can be subpoenaed to appear at a deposition in the county where they reside, work, or transact business.

true

The Federal Rules require sequential numbering throughout all sets of interrogatories

true

The Federal Rules require that formal notice of a deposition be given to the deponent and to each party

true

The Genetic Information Nondisclosure Act prohibits adverse employment and insurance decisions based on genetic information regardless of the source of that information.

true

The court will decide that good cause exists to order a physical or mental examination only if the same information cannot be found in any other way.

true

The majority of physical and mental examinations are scheduled by the mutual agreement of the attorneys for the parties.

true

Three types of deposition summaries are the page-line, topical, and chronological.

true

The number of sets of interrogatories that may be served upon a party in federal court is ________.

unlimited