CIVIL FINAL
Under the Milwaukee County Circuit Court Rules, parties are not permitted to ask more than _______ interrogatories.
35
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
Under the Federal Rules of Civil Procedure, a moving party is required to give ___ days notice of the hearing on a motion
5
A relatively new 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 _____ ______
7 hours
If agreement for a mental or physical examination cannot be reached, ____.
a formal motion for compulsory examination will be necessary
The legal means to secure the presence of a nonparty witness for deposition is known as ____
a notice of intent to take oral deposition / subpoena
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
A statement under penalty of perjury, sworn to before a notary, describing the factual basis for making or opposing a motion is called an _________.
affidavit
A disadvantage of interrogatories is ____.
all of the above
An advantage of interrogatories is the fact that ____.
all of the above
An unethical discovery tactic is ____.
all of the above
During the discovery stage in a lawsuit, it is important for the paralegal to understand that the term "computer" includes ____
all of the above
Grounds for a motion for relief from a judgment include ________________.
all of the above
Interrogatories aimed at determining the nature of an opponent's computer system should specify that the term "computer" includes ____.
all of the above
Interrogatories may be used to ____.
all of the above
Limits on the discovery process include ____
all of the above
Objections to questions asked the deponent can be based on ____.
all of the above
Per the changes to Chapter 804 of the Wisconsin Statutes, the parties may need to confer regarding
all of the above
Purposes of discovery include ____.
all of the above
Reasons for allowing physical and mental examinations are to ____.
all of the above
Sanctions against parties who refuse to comply with production include ____
all of the above
Which of the following is generally required for a motion?
all of the above
Service of the motion can be made _______________.
all of the above.
A motion is defined as
an application to a court for an order
The decision from the court on a motion is known as ________________.
an order
An affidavit _________________.
any of the above
An objection to interrogatories may be made if ____.
any of the above
Federal Rules require that a response to an interrogatory be supplemented when ____.
any of the above
The attorney-client privilege may be lost or waived by the client ____
any of the above
The paralegal's role in the request for a physical or mental examination may include ____.
any of the above
When presented with a proposed order for granting a motion for a compulsory examination, the judge may ____.
any of the above
In most states a subpoena may be served by ____.
any person 18 or older / a sheriff's bailiff (b or c)
A paralegal may not be asked to perform the following tasks at deposition: ____.
asking the deponent questions
Sanctions imposed for making a frivolous motion usually take the form of an award of ______ ________
attorney fees
Major problems with the work product privilege include ____
both a and b
The Federal Rules of Civil Procedure set out essential requirements for the trial judge to grant the motion for a compulsory examination, including ____.
both a and b
The party attempting to obtain a response from another party who has failed to respond to interrogatories may utilize ____.
both a and b
The title of the interrogatories should identify ____.
both a and b
Per the recent changes to Chapter 804 of the Wisconsin Statutes, if the requesting party does not specify a form of production of ESI,
c and d
Service by mail of moving papers in support of a motion is evidenced by a ______ __ ________
certificate of mailing
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 ________ the deposition.
defending
The Federal Rules require that formal notice of a deposition be given to the deponent and to each party.
deponent
In which of the following scenarios would a motion for a compulsory mental or physical examination not be granted? ____
either b or c
A deposition does not commit a deponent to one oral version of the facts.
false
Local court rules may dictate how motion hearings are
scheduled
One of the grounds provided in the Wisconsin Statutes that would support a motion to dismiss is lack of ____ _____ _______
subject matter jurisdiction
The final decision to assert the attorney-client privilege remains with ____ ______.
the client
The individual who places a deponent under oath is ____.
the court reporter
Per the recent changes to Chapter 804 of the Wisconsin statutes, a party may not serve a request to produce, seeking the discovery of ESI until
the parties confer, unless excused by the court.
the oral or written testimony of a party or witness given under oath outside a courtroom
Depositions
_________ is the legal process by which the parties to a lawsuit search for relevant facts.
Discovery
A court will never issue an order when the opposing side has not been heard on the motion.
FALSE
A request for a mental examination would be granted if neither mental nor emotional injuries have been alleged.
FALSE
An effective strategy that can be used to ask as many interrogatories as possible and still comply with the limit on the number of interrogatories a party is able to send to the another party is to include subparts to each interrogatory because the subparts are not counted as one interrogatory.
FALSE
Due to the recent changes to Chapter 804 of the Wisconsin statutes, a meet and confer is now required for civil cases that do not involve discovery of ESI.
FALSE
During the discovery stage it is important for the paralegal to understand that the term "computer" includes desktop PCs but does not include such portable devices as laptops, mobile phones, and PDAs.
FALSE
ESI includes most computer-generated records but excludes e-mail files.
FALSE
Identity of expert witnesses can only be obtained through the use of interrogatories.
FALSE
Interrogatories addressed to a corporation may be answered only by an officer of the corporation.
FALSE
Interrogatories may not be served with the complaint.
FALSE
Interrogatories may not be used to impeach a witness at the time of trial
FALSE
It is not possible for the court to grant a partial summary judgment.
FALSE
Multiple sets of interrogatories cannot be served on the parties to a lawsuit.
FALSE
Once a judgment is entered, it is impossible to get relief from the judgment
FALSE
Per the Wisconsin Statutes, interrogatories may not be served with the complaint
FALSE
Per the recent changes to Chapter 804 of the Wisconsin Statutes, the requesting party may not specify the form of production of ESI.
FALSE
Pursuant to the Federal Rules of Civil Procedure and the Milwaukee County Circuit Court Rules, there is no limit on the number of interrogatories that can be sent to a party in a case.
FALSE
Pursuant to the Wisconsin Statutes, if interrogatories are served with the complaint, the defendant has 30 days to answer them.
FALSE
The Notice of Motion and the Motion can never be combined onto one document
FALSE
The hearing on a motion can be handled by a paralegal
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
Usually the party that does not prevail on the motion has to prepare the order
FALSE
A party may not be required to bring documents to his or her deposition
False
Nonparty witnesses may be compelled to answer interrogatories via a motion to compel.
False
__________ 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.
Clawback
The attorney may not ask the deponent questions that could reasonably lead to the discovery of admissible evidence.
False
_______ _______ is often the subject of local rules of court, both in federal and state courts.
Motion practice
_________ of a district can be subpoenaed to appear at a deposition in the county where they reside, work, or transact business
Residents
__________ for failure to comply with discovery requests are permitted against either or both the attorney and the client
Sanctions
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
Interrogatories may be used only between parties.
TRUE
Interrogatories that identify contentions are permissible under the Federal Rules.
TRUE
Notice is a formal written notification to the person to be examined and to the other parties.
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
Per the Milwaukee County Circuit Court Rules, a motion to compel discovery must be accompanied by a statement that the parties attempted to resolve their differences
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
The Federal Rules of Civil Procedure give the trial judge total discretion to decide if the party seeking a physical or mental examination has good cause for the request and whether the examination involves a condition in controversy.
TRUE
The Federal Rules require sequential numbering throughout all sets of interrogatories.
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
Motions made at the beginning of trial, outside the hearing of the jury, and usually addressing evidentiary issues are known as _________ motions
in limine
Interrogatories may be answered ____.
in writing and under oath
The discretion of the trial judge to grant a motion for a compulsory examination ____
includes the authority to require a hearing in some cases
One primary disadvantage of the oral deposition is that it is _________
inconvenient
A relatively inexpensive type of discovery is the ____.
interrogatory
The research for a _____ ______ _____ and authorities is sometimes done by a paralegal.
memorandum of points
A deponent must be reimbursed for the expenses of ____.
mileage and meals / witness fees ( a and b)
A motion in which the moving party asks the judge to set aside a jury's verdict and enter a different decision is known as a ________________.
motion for judgment notwithstanding the verdict
A motion in which the moving party claims that the pleadings themselves indicate that no controverted issues exist and that judgment can be entered for only one party is known as a ____________________.
motion for judgment on the pleadings
A motion in which the moving party asks the judge to set aside a jury's verdict and enter a different decision is known as a ________________
motion in limine
Except for motions made during the trial, ________ are required to be written, filed in court, and served on opposing attorneys
motions
The party making the motion is known as the _________________.
movant or moving party
If, after an order compelling cooperation is issued, a party still refuses to comply, the court can levy certain sanctions against the ___________ ___________.
noncomplying party
A deposition is the ____.
oral testimony of a witness or party given under oath, outside the courtroom
One of the primary objectives of discovery is to _______ one of the parties from winning the lawsuit by surprise or trickery.
prevent
Although the confessor-penitent privilege belongs to the penitent, the law also protects a clergy member who has taken a _____ _____ not to reveal the content of counseling sessions.
religious oath
The Milwaukee County Circuit Court Rules require that the originals of interrogatories be
retained by the attorney who initiated the discovery.
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
_______ ________ permits several individuals at widely separated geographical locations to discuss the planning of the case.
video conference
