Civil Discovery Quiz

Discovery is primarily used to :

• Gather facts and information in preparation for trial

• Discredit witnesses before they testify

• Argue Motions before the judge overseeing the lawsuit

• Seek privileged information about opposing parties

Scarlett was involved in a motorcycle accident with Tom. Scarlett had given a statement to the police about the accident. In the statement, she stated that Tom had run the red light with his SUV and struck her motorcycle. She also made the statement that he was slurring his speech and smelled of alcohol. When she was preparing for her deposition, she sent a request to the police to see her statement. However, the police informed her that they had received a formal request from Tom’s attorney to prevent her from having access to it. Was the police’s conduct proper under the Federal Rules of Civil Procedure?

• Yes, because the opposing party can seek to restrict a party's access to all statements

• No, because a party who gives a statement has unrestricted access to all statements that are given by that party.

• Yes, because a party has limited access to statements that are given by that party.

• No, because a party has unrestricted access to all statements given by any parties or witnesses related to the lawsuit.

Discovery procedure under the Federal Rule of Civil Procedure requires that which of the following must be disclosed when calling an expert witness at trial?

• The expert’s personal background.

• The expert’s unfinished and finished reports.

• The expert’s credentials and those of his colleagues.

• The expert’s published and signed reports and all exhibits and data to be submitted in court.

The expert’s published and signed reports and all exhibits and data to be submitted in court.Interrogatories may be submitted to the following persons:

• Parties and witnesses

• Parties only

• Witnesses only

• Parties during the first 30 days of discovery.

Depositions are a favorite discovery device because:

(I) They offer the attorneys latitude in asking questions in person

(II) The party may submit written answers with the aid of their attorneys.

(III) They offer the attorney an opportunity to observe the witness or party in person

(IV) They offer the attorney an opportunity to discredit a witness prior to trial.

• I, II, and III

• II, III, and IV

• I and IV

• I and III

Rule 11 provides that an attorney or party who affixes their signature to any court document:

• Attests to their first hand knowledge that all facts are the truth.

• Attests to the validity of the information contained to the best of their knowledge or belief.

• Attests to the validity of the information, but the signature is not required.

• Attests to the frivolity of the information contained in the document.

What discovery tool would you use to identify the witnesses the other party plans to call at trial?

• Interrogatories

• Depositions

• Subpoena Duces Tecum

• Request for production of documents

What discovery tool would you use to obtain a copy of all correspondence pertinent to the case in the possession of the other party

• Interrogatories

• Depositions

• Subpoena Duces Tecum

• Request for production of documents

What discovery tool would you use to obtain a copy of all correspondence pertinent to the case in the possession of a non-party witness?

• Interrogatories

• Depositions

• Subpoena Duces Tecum

• Request for production of documents

What is the purpose of discovery in a civil case?

I. Prevent surprise at trial

II. Facilitate a just result

III. Encourage settlement

IV. Pressure the other side into giving up

• I, II, III, and IV

• I, II, and III

• I, II, and IV

• I, II, and III