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ACEDS exam with complete solutions 2024_2025
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ACEDS exam with complete solutions 2024_2025
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ACEDS exam with complete solutions2024/2025
What is discovery?
Phase in litigation or legal dispute, after complaint/answer is filed, when parties
exchange info about facts of their case
FRCP 26(a)(1) requires parties to make initial discovery and share. What 4 points
need to be shared?
1. Contact info of individuals that have likely discoverable information
2. Copy or description of description of ESI
3. damages computation
4. insurance agreements which part of all judgement may be paid
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Rule 26(b)(1) discusses the Discovery Scope. Explain...
Discovery must be of
1. non-priv materials
2. relevant
3. proportional to needs of case considering
-issues at stake
-amount in controversy
-parties access to relevant info
-burden/expense outweighs benefit
Rule 26(b)(2)(B) has specific limitations on ESI due to being __________.
However, even with a response to a motion to compel showing reasons, a court
may order discovery if requesting party shows good cause.
1. not reasonably accessible because of undue burden or costs
If you are claiming undue burden for not providing ESI, you must make
assessment detailing
, 1
2
3
4
5
1. If data is convertible to more accessible format
2. costs to review
3. business disruption
4. relevance of data source and value to litigation
5. whether data can be obtained through other means
Rule 26(f) outlines "Meet & Confer" aka pre-trial conference. What must be
addressed as dictated by Rule 26(f)(2)?
1. consider nature and basis of claims and possibility of settling/resolving case
2. make/arrange for initial discovery
3. discuss issues re preserving
4. develop proposed discovery plan
Rule 26(f)(3) requires parties to create a discovery plan that must be filed within
___________ days and must address...
14 days
1. changes in timing or requirement of initial disclosures
2. subjects which discovery is needed, discovery completion date, whether
discovery is conducted in phases or specific issues
3. any issues re disclosure, discovery, or preservation including production
format
4. issues related to privileges and implementation of clawback
5. changes to limitation on discovery
6. any orders that court should address such as PO, Scheduling, or Case
Management orders
Rule 34(a) dictates Request for Production that are within the parties
________________________ including ____________
possession, custody or control
documents, ESI, tangible items
What does control in context of producing?
you have a legal right to that data e.g.: hosted on cloud application
Rule 34(b)(1) outlines that Request for Production/Documents which must
describe with
1. reasonable particularly
2. reasonable time, place, manner for inspection
3. format in which ESI to be produced
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