True/False
Indicate whether the
sentence or statement is true or false.
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1.
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When ESI is demanded, the form or forms in which it is to be
produced must be specified in the demand.
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2.
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The responding party must produce ESI in the form specified
in the demand.
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3.
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A responding party may only assert its claim that ESI is not
reasonably accessible by moving for a protective order.
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4.
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Whenever a court finds that ESI is not reasonably
accessible, the ESI will not have to be produced.
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5.
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When calculating discovery cut-off and motion cut-off dates,
and other deadlines that fall a given number of days before the trial date, if the last day falls on
a weekend or holiday, keep counting backward to the next court day. (C.C.P. Section 2016.060) True or
False?
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6.
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Documents produced in response to an inspection demand may
be produced as they are kept in the ordinary course of business. True or False?
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Multiple Choice
Identify the
letter of the choice that best completes the statement or answers the question.
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7.
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To fall within the scope of discovery, the request must seek
information which is:
a. | Reasonably calculated to lead to the discovery of admissible
evidence. | b. | Relevant to the subject matter of the
case. | c. | Not privileged. | d. | All of the above. |
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8.
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Which of the following is not a goal of
discovery?
a. | To argue the merits of the case.
| b. | To preserve evidence for trial. | c. | To provide evidence on which to base pretrial motions. | d. | To promote out of court settlements. |
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9.
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In an unlimited civil case, a party may overcome the 35
limit on special interrogatories by way of:
a. | Motion to Compel. | b. | Declaration for Additional Discovery. | c. | Declaration of Due Diligence. | d. | All of the
above. |
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10.
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In California state court, interrogatories:
a. | May be propounded to non-parties. | b. | May contain subparts. | c. | Are not filed with the
court. | d. | Require a response within
20 days. | e. | All of the above. |
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11.
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In response to a Demand for Exchange of Expert Witnesses by
one party, the other parties must:
a. | Schedule their own expert’s
deposition. | b. | Simultaneously exchange
their expert witness list and declaration, if any. | c. | Serve a counter Demand for Exchange. | d. | All of the above. |
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12.
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Which of the following information does not need to
be disclosed in an Exchange of Expert Witnesses?
a. | The expert’s name and address. | b. | The days the expert is available for deposition. | c. | The amount of the expert’s fees. | d. | The general substance of the expert’s expected
testimony. |
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13.
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Which of the following is not an allowable objection
which may be asserted in response to an interrogatory?
a. | Attorney/client privilege. | b. | Fifth Amendment privilege. | c. | Spousal communication
privilege. | d. | Hearsay.
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14.
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Which of the following is false?
a. | Before making a motion to compel further responses to discovery,
the moving party must attempt to meet and confer with opposing counsel. | b. | Interrogatory answers must be signed and verified by the person making
them. | c. | Making or opposing a motion to compel discovery without
substantial justification is a ground for sanctions. | d. | In unlimited civil cases, all written discovery is subject to a limit of 35.
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15.
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Which of the following is false?
a. | A non-party witness who is to be deposed, but not commanded to
bring documents to the deposition, must be served with Mandatory Judicial Council Form No.
SUBP-015. | b. | An objection to a depo notice not made at least 3 court days
prior to the depo date is waived. | c. | A “PMK” means
the “person most knowledgeable.” | d. | Corporations must be
deposed: (1) within 75 miles of their principal office, or (2) within 150 miles of their
designated offices. | e. | All of the
above. |
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16.
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Which of the following is false as regards requests for
production:
a. | The response may agree to produce all documents without objection
so long as the production date is changed to an earlier date. | b. | Where the request requires production of documents for photocopying, the requesting
party pays the photocopying costs. | c. | The date set for production
must be at least 30 days after service of the demand. | d. | None of the above. |
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17.
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Which of the following is
false?
a. | In personal injury cases, a defendant may have the right to take
one independent physical examination and one independent mental examination of the plaintiff without
a court order. | b. | A party who refuses to
submit to an independent medical exam could be precluded at trial from introducing evidence of
his/her medical condition. | c. | In response to a demand for
independent medical exam, a party may agree to the examination, but only upon certain conditions.
| d. | A written response to the demand must be served within 20 days
after service of the demand. | e. | None of the
above. |
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18.
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A motion to compel further responses to interrogatories must
be brought:
a. | Within 35 days after receipt of the
response. | b. | Within 35 days after service of the
response. | c. | Within 45 days after receipt of the verified
response. | d. | Within 45 days after service of the verified response.
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19.
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Which of the following must be included in a notice of
taking deposition?
a. | A disclosure of any ongoing contractual relationship between the
court reporting agency and the party noticing the deposition. | b. | A disclosure of any ongoing contractual relationship between the court reporting agency
and any third party financing the litigation. | c. | A disclosure that the
noticing party required the deposing attorney to use the particular court reporting
agency. | d. | A disclosure that a third party financing the litigation required
the deposing attorney to use the particular court reporting agency. | e. | All of the above. |
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