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Civil Litigation Fall 24, Chs. 11, 12, 13

Any of these questions could be an essay question, including hypotheticals that require applying these principles.
Horizontales
The ___ of custody is a record of who receives, handles, evaluates, copies, transfers, and stores the evidence in a lawsuit. The goal of the ___ of custody is to make sure no one tampers with the evidence, and for ESI, both ESI requesters and ESI retrievers should rely on IT professionals, preferably e-forensics experts to retrieve, catalogue, and preserve the evidence.
___ (in addition to privilege) that can be raised to a request for production of documents include that the request is overbroad, duplicative, irrelevant, not reasonably calculated to lead to admissible evidence, and that with regard to ESI, the format requested is not the format used by the data retriever in the ordinary operation of the business and, as such, is incompatible with its computer system or that translating the data into a compatible format would be too time consuming, too costly, or both.
If the opposing party refuses to ___ with the request for production of documents, or only partially complies, or makes invalid objections to the request, the requesting party may bring a motion to compel pursuant to Rule 37, but only if no other option remains and after negotiation with the opposing counsel.
If the opposing party is requesting a mental or physical exam in discovery, in preparing the client to undergo a physical or mental examination, the paralegal must contact the client regarding the date, time, and place of the examination. The ___ may also be asked to review the types of information they can be expected to be asked by the physician. The ___ may also have to help the client review the details of his or her medical history. Depending on the nature of the case and the rules of a particular state, the ___ may or may not have to arrange for receiving a copy of the medical report.
The judge has total ___ in ruling on a Rule 35(a)(2) motion to compel a medical or psychological examination.
A request for ___ is a request filed by one party in a lawsuit on another party in that lawsuit asking the second party to admit to the truthfulness of some fact or opinion or to authenticate the genuineness of a document.
___ to requests for admission include the attorney–client privilege, work product protection, common interest privilege, medical privilege, spousal privilege, confessor–penitent privilege, that the request seeks inadmissible and irrelevant evidence, that the request is overbroad, that the request is duplicative, and that the request is a compound request.
Copies of any ___ involved in a request for admissions must be attached to the request.
The ___ of a request for production of documents should always contain the name of the party making the request, the name of the party receiving the request, and the number of the request.
FRCP 34(b)(1)(A) requires that a request for documents describe with reasonable ___ each item or category of items to be inspected.
A consequence of a failure to preserve evidence related to a lawsuit can be an “adverse inference” ruling, which is an ___ by the judge that declares that the jury may interpret any missing evidence against the interests of the party that failed to produce the evidence.
Predictive ___ is a technique, a type of technology-assisted review of ESI, used in data mining and retrieval that uses a digital cataloguing process.
A legal ___ should be placed on documents and ESI as one of the first steps in a lawsuit, otherwise the ESI may be lost through a business’s automatic deletion of electronically stored information.
The three ways to get medical information regarding a party when that medical information has been put into ___ include requests for production of medical records, a deposition of treating physician, and/or a Rule 35 independent medical examination.
In the discovery context, a FRCP 35 physical or mental ___ is an ___ by a medical expert of a party in a lawsuit, including a party in the custody or control of another. The purpose of the ___ is to determine factual information about the physical or mental condition of that party.
Federal rule of ___ procedure 34 governs requests for documents, electronically stored information, and tangible things, and entering onto land, for inspection and other purposes.
The acronym ___ stands for electronically stored information.
___ and protections that prevent the forced disclosure of certain communications in discovery include the attorney-client privilege, the work product protection, the common interest privilege, the medical privilege, the confessor–penitent privilege, and the spousal privilege.
The attorney should communicate to the client the duty of a litigation hold early and often, including the information that 1) case management software can be installed and activated that prevents deletion and detects tampering; 2) the litigation hold is an obligation to the court, not to the opposing party; and 3) that anyone who eliminates or disguises documents will be ___.
A request for admission cannot be served on a ___.
The final responsibility in drafting the request for production of documents is on the ___, who must review and sign the requests.
The key ___ issues facing legal professionals using ESI today are: 1) to keep current with developments in computer technology, 2) to preserve a client’s confidential records when they are preserved in a cloud storage center, and 3) to create a technology plan for the law firm.
Rule 35(a)(1) requires that the medical examiner be “suitably ___ or certified."
Verticales
The chief danger of not responding to a request for admission is that the statement will be deemed ___ at trial.
___ the document production in response to a request for production includes: Controlling the documents; ___ the documents in a way that they can be easily located on demand; Copying and printing the document; Scanning the documents; Numbering the documents; Creating a document production log and a privilege log; Reviewing, labeling, and filing documents before removal; Creating separate files for responsive documents, nonresponsive documents, privileged documents; Copying then redact those documents that contain privileged and nonprivileged information. (Describing this process would make a good essay question.)
Confidentiality agreements or protective orders should be sought to maintain the secrecy and ___ of documents that must be produced in response to a request but which are sensitive and could be seen by a wide variety of individuals involved in the lawsuit. A confidentiality agreement or protective order limits the people who can see a document or the circumstances under which the contents of the document will be revealed.
The primary purpose of the request for admission is to simplify the points in ___, which can also cut down on the time and costs involved in the litigation.
A request for ___ is a request by one of the parties in a lawsuit to any other party to produce and make available for inspection or duplication documents or other materials that are relevant to the subject matter of the lawsuit.
The possible ___ of a party’s refusing to submit to a physical or mental examination include: striking all or parts of pleadings, staying the proceeding until the order for the examination is obeyed, entry of a judgment by default against a defendant who refuses to submit to the examination, or the dismissal of a plaintiff’s case, if the plaintiff refuses to submit to the examination.
The ___ section of a request for production of documents clarifies any ambiguous terms, such as “document”, “agreement”, “ESI”, and “report."
Reasons for the ___ inspection of a computer system pursuant to Rule 34 include when a party does not know how to retrieve computer data that was subject of a document request or when there are issues in lawsuit concern operation of entire computer system.
Under the Federal Rules, there is currently no limit on the ___ of requests for admission that one party can serve on another.
The ___ of a paralegal in the preparation of a document request are: to familiarize oneself with the case and take notes on the types of documents or particular documents that are relevant to the case; drafting the request for production; drafting the motion to compel production; and reviewing the documents once they are received.
The three ___ of discoverable ESI include ESI based on the configuration of the computer system, ESI based on the nature of the evidence itself, and ESI based on its storage status.
The duty to issue a legal hold exists as soon as a ___ event occurs where the party knows or should know that litigation is pending. A ___ event is any action or communication that should put a reasonable person/party on notice that there is going to be litigation. Examples include a communication such as an email saying “we are going to sue you,” notification of a missed payment, inquiry into hiring policies, scheduling of an appointment with corporate counsel.
If the ___ cannot agree on a medical or psychological examination, the requesting party will file a motion to compel the examination (also called a motion for compulsory examination) under Rule 35(a)(2) with the court. That party must establish good cause for the examination. The motion must be specific as to the time, place, manner, conditions, scope of the examination, and the name of the person conducting the examination. The requesting party must also give notice to the person to be examined, as well as all other parties.
Under Rule 502 of the Federal Rules of ___, accidental disclosure of evidence which is protected by either the attorney–client privilege or the work product privilege does not constitute a general waiver.
It is good practice to make ___ contact first with the opposing party's law office when planning a request for an extensive amount of documents or a request for entry on land, to work out logistics, followed up with a formal request.