civ pro 2 Flashcards
Beginning steps of suit flow chart
Pretrial motions
Res judicata
Collateral Estoppel
is a party entitled to discover information that appears reasonably calculated to lead to the discovery of admissible evidence?
yes
esi that is potentially relevant for further analysis and review in legal proceedings is placed on a___to ensure____
legal hold; data cannot be destroyed
a court may impose sanctions where esi that should have been ____ in anticipation of litigation is lost because a party failed to take _____ to preserve it, and it cannot be _____ through additional discovery
preserved; reasonable steps; restored or replaced
what may a court presume if a court finds a party destroyed/lost information with intent to deprive another party of the information’s use in litigation
lost info was unfavorable to the party
what may a court instruct the jury if a court finds a party destroyed/lost information with intent to deprive another party of the information’s use in litigation
it may or may not presume information was unfavorable to the party
may a court dismiss the action or enter a default judgment if a court finds a party destroyed/lost information with intent to deprive another party of the information’s use in litigation?
yes
what must an adverse party demonstrate to access documents prepared in anticipation of litigation via discovery?
- substantial need for documents AND
- inability to obtain substantially equivalent information without undue hardship