ACEDS

Question 1

Topic #3 of Discovery Plan: Disclosure or discovery of ESI, including the format of production. Q: Why is the format of production one of the most important issues to address early in the case?

Answer 1

The parties need to know the format of the production at the onset in order in order to establish their processing and review plans.

Question 2

Before efficient phasing is possible the attorneys. must have a ___________ ___________ __________ of likely issues in the case.

Answer 2

relative,
comprehensive,
understanding

Question 3

When “phasing” discovery it is important to consider where _________ can be ________ and to avoid _______ that will merely ________ efforts.

Answer 3

efficiencies
made
processes
duplicate

Question 4

When focusing on a single facet of the case, parties would agree to engage in a _________ discovery only if the case is not _________ or _________ upon completion of the first phase.

Answer 4

broader
resolved
narrowed

Question 5

Topic 2 of Discovery Plan: Subjects on which discovery may be needed, when discovery may be completed, and whether discovery can and should be phased, limited, or focused on particular issues. Q: In order to streamline the discovery process, parties may agree to begin with a _________ _________ _________ focused on a single _________ of the case, the _________ of which would be _________ to the _________ _________ _________.

Answer 5

phase of discovery
facet
resolution
key
outcome of litigation

Question 6

True of False. If there are specific database programs, networked department share drives or other non-custodial sources, these should be listed.

Answer 6

True

Question 7

It may be possible and thus _________ to identify _________ _________ and _________ _________ of _________ which are expected to be searched for _________ _________.

Answer 7

advisable
specific custodians
non-custodial sources
ESI
relevant data

Question 8

The initial disclosure deadline arises very quickly after the _________ _________ _________ _________ and _________

Answer 8

filing of the compliant
answer

Question 9

According to Rule 26aIAii, each party must provide as their initial disclosures “a _________ or a description by category and location of _________ _________, _________ and _________ _________ that the disclosing party has in its _________ _________ _________. and may use to support its _________ unless the use would be solely for _________

Answer 9

copy
all documents
ESI,
tangible things
possession or custody.
claims
defenses
impeachment

Question 10

Topic # 1 of Discovery Plan: Initials Disclosure including proposed changes to timing, form, or requirements. Q: Under the initial disclosures rule parties should _________ any ESI in their ________ and _________ that is _________ to the claims or defenses.

Answer 10

disclose
custody
control
relevant

Question 11

What topics are included in a discovery plan? (6 Topics)

Answer 11

1. Initial Disclosures, including proposed changes to the timing, form or requirements.
2. Subjects on which discovery may be needed, when discovery will be completed, whether discovery can and should be phased, limited or focused on particular issues.
3. Disclosure of Discovery of ESI, including format.
4. Claims of Privilege and Attorney work product of production material including agreements about in adverting disclosure and issuance of a PO by court.
5. Potential changes to limitations on discovery imposed by federal or local rules.
6. Other orders that the court should issues concerning discovery process.

Question 12

Rule 26 Discovery Plan: Rule 26f3 requires that the parties to a litigation _________ _________ _________ _________ _________.

Answer 12

develop a plan for discovery.

Question 13

The 26 f conference represents a _________ _________ for parties to proactively address common discovery issues ad propose approaches to streamline the process in line with the mutual goal of _________.

Answer 13

vital opportunity
proportionality

Question 14

In order to be prepared to address the required topics, it is necessary for the discovery team to have investigated the 1, 2, 2a, 2b, 2c, 3, 4, 4a, 4b, 4c or _________ to _________ and _________

Answer 14

1. location of relevant ESI
2. logistical challenges
   2a. collecting
   2b. reviewing
   2c. producing that ESI
3. anticipated volume of available ESI
4. clients preferred approach to issues such as:
   4a. protective order designations
   4b. privilege log components
   4c. stating or prioritizing
   To increase efficiency and control costs.

Question 15

Ideally the result of the 26f conference will be the _________ _________ of a _________ _________ _________.

Answer 15

joint creation
comprehensive discovery plan

Question 16

To address preservation issues, counsel must have fully explored with the client the _________ and its _________. Attorney must not only be able to _________ what their client has done but be _________ and knowledgeable to ask questions of the _________ regarding its _________ _________.

Answer 16

legal hold strategy
implementation.
articulate
be prepared
opponent
opponent
preservation activities.

Question 17

What are Early Rule 34 Requests intended for?

Answer 17

Intention is to get the parties talking about discovery issues earlier in the case.

Question 18

How early can Early Rule 34 Requests be served?

Answer 18

21 days after service of a summons and complain that began a lawsuit.

Question 19

What is Rule 26 d ?

Answer 19

Parties may not serve what are called “Early Rule 34 Requests”

Question 20

What did a 2015 amendment to Rule 26 do?

Answer 20

Impacted the timing of discovery requests.

Question 21

Rule 26 a1b III

Answer 21

A computation of each category of damages claimed by the disclosing party - who must also make available for inspection and copying under Rule 34 the docs or other evidentiary material unless privilege or protected from disclosure, on which comp is based, including materials bearing on the nature and extent of injuries suffered.

Question 22

Rule 26 a1b IV

Answer 22

for inspection and copying as under Rule 34, any insurance agreement under which an insurance may be liable to satisfy all or part of judgement.

Question 23

Rule 26 a1b I

Answer 23

A party must, without awaiting a discovery request provide to other parties: I.) name, address, phone # of each individual likely to have discoverable information - along with the subjects of that information that the disclosing party may use to support its claims or defenses, unless solely used for impeachment.

Question 24

Rule 26 a1b II

Answer 24

A copy or a description by category and location of all docs, ESI, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless use is impeachment.

Question 25

FRCP Rule 26a1 generally means what?

Answer 25

Rule 26 is the parties obligation to make initial disclosures under the FRCP Rule 26a1 means before any requests or demand for discovery is made, parties must exchange initial disclosures.

Question 26

Rule 26b2B

Answer 26

A party need not provide discovery of ESI from sources that the party identified as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a PO, the party from who a discovery is sought must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the count may grant the request if good cause is made, considering the limitations of Rule 26b2C. The court may specify conditions.

Question 27

The copy of discovery may be limited by _________?

Answer 27

Rule 26b2B

Question 28

What are the three concepts that stem from Rule 26

Answer 28

1. Discovery may be had of non-privileged material.
2. The documents of ESI sought must be relevant to a claim or defense in the case.
3. The discovery sought must be proportional to the need of the case given the factors outlined in the rule.

Question 29

Rule 26 and the Scope and Timing of Discovery “Rule 26b1 of the FRCP”

Answer 29

Any party may obtain discovery regarding any non privileged matter that is relevant to any parties claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties relative access to the relevant information, the parties resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit.

Information within this scope of discovery need not be admissible in evidence to be discoverable.

Question 30

When were the most recent amendments to the FRCP? What was the primary focus?

Answer 30

2015
Primary focus = streamlining discovery through the application of proportionality and reducing the risk of sanctions for spoliation.

Question 31

When were the most drastic amendments to the FRCP initiated and took into effect? What was the primary focus?

Answer 31

Early 2000s, took into effect 2006.
Primary focus = changes in how eD is performed.
☆☆This is the first time the concept of ESI was introduced.

Question 32

Federal Rules of Civil Procedure - FRCP

Answer 32

The rules of the road in litigation, promulgated and occasionally amended by a committee of federal judges (The Rules Advisory Committee). through a years long process that includes collecting public comment, numerous proposals and revisions, and ultimately congressional and Supreme Court approval.