CEDS| Questions and Answers with complete solution
42 views 0 purchase
Course
CEDS
Institution
CEDS
oportionality - Burden/Expense is outweighs value, may shift costs or impose limits
Attorney Certifies Discovery Request - Consistent w/ FRCP, Non-Frivolous, not to harass, not
unreasonably burdensome
Rule 26(f) - "Meet and Confer" - opportunity to exchange/agree on Discovery
Creation of "Disco...
CEDS Proportionality - ✔✔Burden/Expense is outweighs value, may shift costs or impose limits Attorney Certifies Discovery Request - ✔✔Consistent w/ FRCP , Non -Frivolous, not to harass, not unreasonably burdensome Rule 26(f) - ✔✔"Meet and Confer" - opportunity to exchange/agree on Discovery Creation of "Discovery Plan" Limit scope (depositions, interrogatories, etc) Rule 26(a)(1) - ✔✔Proposed discovery plan. address preservation issues. Rule 26 Discovery Plan - ✔✔Initial disclosure (subjects requiring discover y) Timetable Format Privilege issues Limitations on discovery (per agreement) Clawback agreements Rule 26 Discovery Plan (2) - ✔✔May list particular issues and agree on timing (e.g. production schedule) or broader initial discovery to narrow later. Early Data Assessment - ✔✔Preliminary assessment of data. Evaluation of systems, custodian data, other evidence. Sort out critical / non -critical groupings Is not early case assessment Helps to : Assess costs Choose Technologies Address at 26(f) conference Mer its of case before doc review Decide whether to settle / litigate FRCP 26(b)(1) - ✔✔Provides guidance on cost shifting. "reasonableness" Rule 26(b)(2)(B) - ✔✔Not reasonable accessible - due to "undue burden or cost" Requires "Good Cause" Documenting Preservation - ✔✔Complete & accurate records: Witness interview notes Copies of org charts Legal Hold notice Evidence of distribution Follow -Up actions Records Management - ✔✔What is the Records Management policy? Purpose & schedule Litigation Hold always supercededs Backup Media - ✔✔Back -Up policies, schedule, restore time, impact on metadata, etc Preservation - ✔✔Begins with a litigation ho ld. Immediate obligation to preserve ESI Steps to prevent ESI from being overwritten Litigation Hold - ✔✔Anticipation of litigation Reasonable steps to preserve
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller PatrickKaylian. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $5.19. You're not tied to anything after your purchase.
