AMP Civ Pro - WIP

Question 1

As part of the initial disclosures made during the discovery process, a party must provide to the other parties a copy or description of all documents within the disclosing party’s control that the disclosing party may use, unless:

Answer 1

The disclosing party’s use would be solely for impeachment.

The disclosing party’s use of this material PARTLY for impeachment (and party as substantive evidence) would not be sufficient to exclude it from discovery.

Question 2

Absent a showing of substantial need and undue hardship, the “work product” (a document or tangible thing) made by a party or representative of a party (such as the party’s attorney) is not discoverable:

Answer 2

If made in anticipation of litigation.

Question 3

Without a court order or stipulation, a party may serve a maximum of ____ interrogatories (including all subparts).

Answer 3

25

Question 4

During discovery, Party A advised Party B that certain electronically stored information could not be produced because the information is too costly to access. Party B moves to compel the disclosure of the information, and the court agrees with Party A that the information was not reasonably accessible.

Can the court still order Party A to produce the information?

Answer 4

Yes. For good cause, the court can order that the information be produced, and the court may impose cost shifting or sharing.

Question 5

Subject to the rules of evidence, if the court finds that a deposed person is at a distance greater than _____ miles away from the location of the trial (and the absence from trial was not caused by the party offering the deposition), his deposition may be used for any purpose against any party who was present at the deposition or had notice of it.

Answer 5

100

Question 6

Unless a seasonable objection is made at the time of the taking of the deposition, an error as to _______ is deemed waived.

Answer 6

The form of a question during the deposition.

Question 7

At least 30 days before trial, a party must make disclosures generally relating to:

Answer 7

Expected witnesses and the exhibits expected to be used at trial.

Question 8

Subject to the rules of evidence, a deposition may be used at trial or in a hearing only against:

Answer 8

A party who was present at the deposition or had notice of it.

Question 9

Absent a court order or stipulation to the contrary, what is the maximum amount of time that one deposition may take?

Answer 9

One seven-hour day.

Question 10

A matter that is nonprivileged and ________ may be discovered.

Answer 10

Relevant to any party’s claim or defense and proportional to the needs of the case only

The matter need not be admissible at trial to be discoverable.

Question 11

When a party claims that certain discoverable information is privileged or is trial preparation material, the party so claiming must disclose _______, so that the opposing party can assess the privilege claim.

Answer 11

The existence of the material in sufficient detail to the opposing party.

Question 12

Rule 26 requires that during discovery certain disclosures be made concerning expert witnesses.

What are these disclosures?

Answer 12

An expert witness must prepare and sign a report containing his opinions to be expressed and the basis for them.

Question 13

Under the federal discovery rules, the parties must confer to consider their claims and defenses, the possibility of settlement, initial disclosures, any issues concerning the preservation of evidence, and a discovery plan.

Unless a different time is set by court order or stipulation, within how many days after this meeting must the parties provide the names, addresses, and telephone numbers of individuals likely to have discoverable information that the disclosing party may use to support its claims or defenses?

Answer 13

Within 14 days after the meeting.

Question 14

When a person has received a physical or mental exam under Federal Rule 35, she may request a copy of the examiner’s report and/or depose the examiner.

When she does this, she _______ with respect to other examinations for the same condition.

Answer 14

Waives the medical privilege

Question 15

If a party notices that the deposition of one of her experts contains information that is materially incomplete, is she required to supplement the deposition?

Answer 15

Yes, she has a duty to supplement it so that the information is complete.

Question 16

If there is one claim that satisfies the requirements for _______, a party may potentially invoke supplemental jurisdiction to have her claim heard in federal court.

Answer 16

Federal subject matter jurisdiction

Question 17

Are attorney’s fees that are recoverable by contract and interest that is part of the claim included in the amount in controversy calculation?

Answer 17

Yes.

Although the statute states that costs and interest are excluded from the amount in controversy calculation, the provision has been interpreted to mean costs associated with bringing the claim (e.g., attorneys’ fees that are not covered by contract, filing fees, etc.) and interest that results from a delay in payment.

Question 18

To satisfy the amount in controversy requirement, cant he plaintiff:

1) Aggregate unrelated claims against several defendants?
2) Join her lawsuit with another plaintiff bringing an unrelated claim against the same defendant?
3) Aggregate unrelated claims against a single defendant?
4) Aggregate only related claims against a single defendant?

Answer 18

1) no
2) no
3) yes
4) no

Question 19

Intervention is __________ when the intervenor’s action and the main action have a claim or defense involving a common question of law or fact.

Answer 19

Permitted in the court’s discretion

Question 20

A party’s state citizenship for purposes of diversity jurisdiction is determined:

Answer 20

When the lawsuit is filed.

Diversity need not exist when the cause of action accrues, and it is not defeated if a party changes his state citizenship after the lawsuit is filed.

Question 21

Federal courts will not exercise diversity jurisdiction over:

Answer 21

Actions involving the issuance of a divorce, alimony, or child custody decree; probate; or criminal proceedings.

Subject matter jurisdiction based on diversity of citizenship is used for civil cases only, and it is not a basis for exercising subject matter jurisdiction over state criminal proceedings.

Question 22

For a claim to be brought under the court’s supplemental jurisdiction, there must be an original claim that satisfies the requirements of ______:

Answer 22

Federal subject matter jurisdiction.