Rules

Question 1

FRCP 26(a)(1)

Answer 1

Initial Disclosures

Question 2

FRCP 26(b)(1)

Answer 2

Discovery Scope and Limits. Discovery sought must be proportional to the needs of the case.

Question 3

Proportionality

Answer 3

Rule 26(b) outlines six factors in determining whether the propounded discovery is “proportional to the needs of the case:” (1) the importance of the issues at stake in the action; (2) the amount in controversy; (3) the parties’ relative access to relevant information; (4) the parties’ resources; (5) the importance of the discovery in resolving the issues; and (6) whether the burden or expense of the proposed discovery outweighs its likely benefit.

Question 4

Cost Shifting

Answer 4

Cost shifting is the concept of shifting the expense associated with your discovery obligations, in whole or in part, to the party requesting the material. Traditionally, litigation expenses, and discovery related expenses in particular, are born by the party who has the data and is producing it.

Question 5

FRCP 26(b)(2)B

Answer 5

Undue burden or cost. ESI is not reasonably accessible.

Question 6

FRCP 30(b)(6)

Answer 6

Notice or Subpoena Directed to an Organization.

Question 7

FRCP 26(b)(2)C

Answer 7

Court must limit the frequency or extent of discovery otherwise allowed by these rules. Courts typically perform a cost-shifting analysis based on the proportionality test set out in Rule 26 of the Federal Rules of Civil Procedure. The court may specify conditions for the discovery.

Question 8

FRCP 26(d)

Answer 8

Timing and Sequence of Discovery.

Question 9

FRCP 26(f)

Answer 9

Meet and Confer Conference

Question 10

FRCP 26(f)(1-2)

Answer 10

(1) Conference Timing.
(2) Conference Content; Parties’ Responsibilities.

Question 11

FRCP 26(f)(3)

Answer 11

Discovery Plan

Question 12

FRCP 26(g)

Answer 12

Certifying Discovery Responses

Question 13

FRCP 30(b)(6)

Answer 13

30(b)(6) Deposition. Permits a party to serve a depo notice on a corporate entity rather than an individual. Known as “Discovery about Discovery”

Question 14

FRCP 33

Answer 14

Interrogatories to Parties. Party may serve on any other party no more than 25 written interrogatories, including all discrete subparts.

Question 15

FRCP 34

Answer 15

Request to Produce. Request for production of documents and ESI.

Question 16

FRCP 36

Answer 16

Request for Admission. A party may serve on any other party a written request to admit, for purposes of the pending action only, the truth of any matters relating to, facts, the application of law to fact, or opinions about either, and the genuineness of any described documents.

Question 17

FRCP 37

Answer 17

Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

Question 18

FRCP Rule 14

Answer 18

TITLE III. PLEADINGS AND MOTIONS, Third-Party Practice. When a Defending Party May Bring in a Third Party.

Question 19

FRCP 37(e)

Answer 19

Failure to Preserve Electronically Stored Information. Spoilation

Question 20

37(f)

Answer 20

Failure to Participate in Framing a Discovery Plan. Require that party or attorney to pay.

Question 21

FRE Rule 502

Answer 21

(FRE) Federal Rules of Evidence › ARTICLE V. PRIVILEGES › Rule 502. Attorney-Client Privilege and Work Product