Discovery Certification Flashcards
Rule 26(g)(1) requires that every discovery disclosure, request, response, or objection be _________ _______ ______ __________.
signed by an attorney
The signature certifies that, to the best of the attorney’s knowledge, the ___________ is complete and correct as of the time it is made, or that the request, response, or objection is consistent with the rules, not made for an improper purpose, and is not unreasonable nor unduly burdensome or expensive.
disclosure
Rule 26(g) requires an attorney responding to discovery requests to make “a _________ _________ to assure that the client has provided all the information and documents responsive to the discovery demand.”
reasonable effort
The Rule 26(g) _________ ______________ is akin to that found in Rule 11(a), and just as with Rule 11, the court may sanction parties for violating the rule.
certification requirement
“Rule 26(g) is designed to curb discovery abuse by explicitly encouraging imposition of ___________-.”
sanctions
It is well established that a party seeking the __________ of an adverse inference instruction based on spoliation of evidence must establish that:
(1) The party with control over the evidence had an obligation to preserve it at the time it was destroyed;
(2) The evidence was destroyed with a culpable state of mind; and
(3) The destroyed evidence was “relevant” to the party’s claim or defense such that a reasonable trier of fact could find that it would support that claim or defense.
sanction
It is well established that a party seeking the sanction of an adverse inference instruction based on spoliation of evidence must establish that:
(1): ?
(2):
(3):
(1): The party with control over the evidence had an obligation to preserve it at the time it was destroyed
It is well established that a party seeking the sanction of an adverse inference instruction based on spoliation of evidence must establish that:
(1):
(2): ?
(3):
(2): The evidence was destroyed with a culpable state of mind; and
It is well established that a party seeking the sanction of an adverse inference instruction based on spoliation of evidence must establish that:
(1):
(2):
(3): ?
(3): The destroyed evidence was “relevant” to the party’s claim or defense such that a reasonable trier of fact could find that it would support that claim or defense.
The “Relevance” and “Prejudice” factors of the adverse inference analysis are often broken down into three subparts:
(1): ?
(2):
(3):
(1): Whether the evidence is relevant to the lawsuit
The “Relevance” and “Prejudice” factors of the adverse inference analysis are often broken down into three subparts:
(1):
(2): ?
(3):
(2): Whether the evidence would have supported the inference sought; and meaning they were negligence, whether they breached the contract.
The “Relevance” and “Prejudice” factors of the adverse inference analysis are often broken down into three subparts:
(1):
(2):
(3): ?
(3): Whether the non-destroying party has suffered prejudice from the destruction of the evidence.
Rule 37(b)(2)(A) sets forth several possible__________ for parties who fail to comply with an order to provide or permit discovery, including:
1. ?
2.
3.
4.
5.
This is not a complete list of possible ________. Anything they want to do that fixes the wrong they can do.
sanctions
- An adverse inference instruction; (means that a court can say to the jury or they can take the approach that they should consider the evidence against the party who is in violation.
Sanctions
Rule 37(b)(2)(A) sets forth several possible__________ for parties who fail to comply with an order to provide or permit discovery, including:
1.
2. ?
3.
4.
5.
This is not a complete list of possible ________. Anything they want to do that fixes the wrong they can do.
sanctions
- striking the pleadings
sanctions
Rule 37(b)(2)(A) sets forth several possible__________ for parties who fail to comply with an order to provide or permit discovery, including:
1.
2.
3. ?
4.
5.
This is not a complete list of possible ________. Anything they want to do that fixes the wrong they can do.
sanctions
- Staying the action (delaying)
sanctions
Rule 37(b)(2)(A) sets forth several possible__________ for parties who fail to comply with an order to provide or permit discovery, including:
1.
2.
3.
4. ?
5.
This is not a complete list of possible ________. Anything they want to do that fixes the wrong they can do.
sanctions
- Dismissing the action in whole or part; or
sanctions
Rule 37(b)(2)(A) sets forth several possible__________ for parties who fail to comply with an order to provide or permit discovery, including:
1.
2.
3.
4.
5. ?
This is not a complete list of possible ________. Anything they want to do that fixes the wrong they can do.
sanctions
- Entering a default judgment
sanctions
There are two main types of _______________ _______, both discussed by the Court:
1)Those authorized under Rule 26(g)(3) and various provisions of Rule 37 for improper certification or for failure to comply with the discovery rules
2)Those imposed by courts pursuant to their inherent power. These supplement, rather than supplant, courts sanctioning power under Rule 37
discovery sanctions
There are two main types of discovery sanctions, both discussed by the Court:
1)Those authorized under Rule 26(g)(3) and various provisions of Rule 37 for ___________ _________ or for failure to comply with the _________ ________.
2)Those imposed by courts pursuant to their inherent power. These supplement, rather than supplant, courts sanctioning power under Rule 37
improper certification
discovery rules
There are two main types of discovery sanctions, both discussed by the Court:
1)Those authorized under Rule 26(g)(3) and various provisions of Rule 37 for improper certification or for failure to comply with the discovery rules
2)Those imposed by courts pursuant to their __________ __________. These _____________, rather than __________, courts sanctioning power under Rule 37
inherent powers
supplement
supplant
Sanctions.
(1) In General. On motion or on its own, the court may issue any just orders… if a party or its attorney:
(A) fails to appear at a scheduling or other pretrial conference;
(B) is substantially unprepared to participate – or does not participate in good faith – in the conference; or
(C) fails to obey a scheduling or other pretrial order.
What rule?
FRCP 16(f)
