Sanctions and Discovery

Question 1

FRCP 11(a)

Answer 1

Signing Docs: every submission to court must be assigned by an attorney on the case (except in discovery)

Question 2

FRCP 11(b)

Answer 2

Requirements to not get sanctioned: can’t submit stuff for an improper purpose; the contentions must be warranted by law or by a non-frivolous argument attempting to modify the law; factual contentions must have evidentiary support; the denials of factual contentions are warranted based on information available

Question 3

FRCP 11(c)

Answer 3

Sanction types: can be imposed on anyone; the other party or court can move for sanctions; court can order a party to show why they did not violate 11(b); can be non-monetary or monetary but based on what is needed to deter conduct

Question 4

28 USC 1927

Answer 4

Sanctions at any point: for an attorney at any point through litigation for their conduct

Question 5

FRCP 26(a)(1)(A)

Answer 5

Initial Disclosure: All people likely to have discoverable information; list of documents in the party’s control; calculation of damages; insurance information

Question 6

FRCP 26(b)(1)

Answer 6

Can discover anything non privileged. Does not have to be admissible

Question 7

FRCP 26(b)(3)-(4)

Answer 7

Cannot discover things prepared in anticipation of litigation except if they are discoverable under (b)(1) and the party shows it has need for the items and it would be expensive to find a substantial equivalent

Question 8

FRCP 26(b)(2)(C)

Answer 8

Exceptions to discovery: Unreasonably cumulative, duplicative or there are other easier and cheaper sources; if the other party had ample time to discover the info; or if the discovery is outside the scope of 26(b)(1)

Question 9

FRCP 26(c)

Answer 9

Protective Orders: can designate things as sensitive, usually attorney’s eyes only

Question 10

FRCP 30

Answer 10

Depositions: testimony under oath, by agreement usually after document production

Question 11

FRCP 33

Answer 11

Interrogatories/Contention Interrogatories: limited to 25, responses to factual questions or questions about arguments and legal theories, all under oath (usually throughout discovery or after the close of discovery)

Question 12

FRCP 34

Answer 12

Requests for Production: all responsive documents or electronically stored information in the parties custody

Question 13

FRCP 34(b)(1)(A-C)

Answer 13

Discovery Procedure: the request must describe with reasonable particularity the items to be inspected; must specify a reasonable time place and manner for the inspection; specify the form or forms in which the ESI is to be produced

Question 14

FRCP 34(b)(2)(b)

Answer 14

Responding to each Item: response states what will be permitted, and what will be objected and the grounds for objecting the request and why with specificity

Question 15

FRCP 35

Answer 15

Mental or Physical Exam: can request an examination when a medical condition is at issue

Question 16

FRCP 36

Answer 16

Requests for Admission: Can request specific facts to be admitted

Question 17

FRCP 37

Answer 17

Order to Compel: Rare; court orders a party to produce discovery request

Question 18

FRCP 37(b)(2)

Answer 18

Penalties for discovery: Penalty of default judgment for not complying with compel order