Civil Procedure FINAL EXAM
QUESTIONS WITH CORRECT
ANSWERS||100% GUARANTEED
PASS||A+ GRADED||UPDATED
2026/2027 SYLLABUS||<<NEWEST
VERSION>>
What is the deadline for initial disclosures in discovery? - ANSWER ✓ Unless a
court order or stipulation of parties says otherwise, within 14 days of the Rule 26(f)
conference.
What disclosures are necessary for an expert hired to help prepare the case but
who is not going to testify at trial? - ANSWER ✓ NO disclosures, this is a
CONSULTING expert.
What must each party disclose to the other regarding an expert witness who
intends to testify at trial? - ANSWER ✓ 1) Identity
2) Written report containing the opinions to be expressed, bases for the opinions,
facts used to form the opinions, EW's qualifications, and how much EW is being
paid.
Must parties allow depositions of their expert witnesses? - ANSWER ✓ YES, if
the EW intends to testify. A subpoena should be issued to compel attendance, and
the party must pay the EW a reasonable hourly rate.
What is the penalty for failing to identify an expert witness or to provide required
information? - ANSWER ✓ You CANNOT use the EW at trial unless failure was
(1) justified, or (2) harmless.
What are pretrial required disclosures? - ANSWER ✓ No later than 30 days before
trial, parties must give detailed information about trial evidence, including identity
of witnesses to testify and things to be introduced at trial.
, When can a party first request discovery from other parties? - ANSWER ✓ After
the Rule 26(f) conference.
What are the 5 tools used to get information in discovery? - ANSWER ✓ 1)
Depositions
2) Interrogatories
3) Requests to produce
4) Medical exam
5) Request for admission
Describe the process and rules for depositions in discovery. - ANSWER ✓ 1)
Subpoena the non-party to compel attendance (and subpoena duces tecum to
require the deponent to bring materials). Simply notice the adverse party.
2) Non-parties must only travel within 100 miles from where they reside or are
employed.
3) Limit of 10 depositions and no multiple depositions of the same party without
court approval.
4) Deposition is limited to one seven-hour day unless court orders.
What are the main uses for depositions at trial? - ANSWER ✓ 1) Impeach the
deponent
2) Any purpose if deponent is an adverse party
3) Any purpose if the deponent is unavailable for trial, unless the absence was
procured by the party seeking to introduce evidence.
1) What are interrogatories?
2) To whom can you send interrogatories?
3) How long does the party have in which to respond with answers or objections?
4) Can you respond by saying you don't know?
5) What is the maximum number of interrogatories? - ANSWER ✓ 1) Written
questions to be answered in writing under oath.
2) PARTIES only, never non-parties.
3) 30 days from SERVICE
4) You must answer from information reasonably available to you. More
demanding than a deposition.
5) 25, including subparts
1) What is a request to produce?
2) Is it limited to parties?
,3) In what form is ESI produced? - ANSWER ✓ 1) A request that someone make
available for review things.
2) Parties only, but you can get the same things from non-parties by subpoena.
3) Requesting party specifies form, but the other party can object.
1) What is unique about requesting medical exams in discovery?
2) Who can be ordered to undergo a medical exam?
3) Who may request results of the exam? - ANSWER ✓ 1) You MUST get a court
order and show: (a) the person's health is in actual controversy, AND (b) good
cause.
2) A party or someone in the party's CUSTODY or LEGAL CONTROL (i.e., NOT
employees of employers, but children).
3) The person examined may request it, but will have to submit his own doctor's
exams too.
1) On whom may requests for admission be served?
2) What are possible answers and consequences of those answers? - ANSWER ✓
1) Parties ONLY, never non-parties.
2) If ∆ fails to deny specifically or object to the request, he is deemed to have
admitted it. If responding party says she does not know the answer, she must have
made reasonable inquiry.
If information that you provided in discovery changes over time, do you have any
obligations to correct? - ANSWER ✓ Yes, there is a duty to supplement if
produced discovery is now incomplete or incorrect.
What is the scope of discovery and what is discoverable? - ANSWER ✓ 1)
Anything RELEVANT to a claim or defense (relevant is broader than admissible at
trial), AND
2) Proportional to the needs of the case.
3) Generally, it is discoverable if it is REASONABLY CALCULABLE TO LEAD
to admissible evidence.
Under what circumstances will discovery into a ∆'s net worth be deemed relevant?
- ANSWER ✓ When seeking punitive damages, because total net worth is relevant
to the punishment. Compensatory damages make net worth irrelevant.
, What may the court do if ESI is not reasonably accessible? - ANSWER ✓ If the
other side shows good cause for discovery anyway, the court may ORDER
PRODUCTION and ALLOCATE THE EXPENSE between the parties.
What are two bases upon which you can object to discovery? - ANSWER ✓ 1)
Privilege (e.g., A-C)
2) Work product: materials prepared in anticipation of litigation.
What is the difference between qualified work product and absolute work
product? - ANSWER ✓ 1) Qualified is statements made by someone else not
involving attorney impressions but still prepared in anticipation of litigation.
Discoverable if (a) substantial need, AND (b) not otherwise available.
2) Absolute/opinion work product: mental impressions, opinions, conclusions,
legal theories.
How does one assert work product or a privilege? - ANSWER ✓ You must claim
protection EXPRESSLY and describe the material IN DETAIL. These are
recorded in the privilege log.
What are the three ways courts get involved in discovery disputes? - ANSWER ✓
1) Protective order if discovery subjects it to annoyance, embarrassment, undue
burden , or expense.
2) Partial response to a discovery request: court will weigh a motion to compel.
3) No response to discovery request: court decides whether objections were
legitimate.
Describe the sanctions for discovery violations. - ANSWER ✓ 1) For partial
response: (a) FIRST, move for an order compelling the party to answer, then (b)
"merits" sanctions plus costs and maybe contempt may be ordered.
2) For no response: Merit sanctions immediately, no need to get a motion to
compel.
What are merits sanctions? - ANSWER ✓ 1) Establishment order (facts as true)
2) Strike pleadings
3) Disallow evidence from disobedient party.
4) Dismiss π's case (only if BAD FAITH)
5) Enter default judgment (only if BAD FAITH)
QUESTIONS WITH CORRECT
ANSWERS||100% GUARANTEED
PASS||A+ GRADED||UPDATED
2026/2027 SYLLABUS||<<NEWEST
VERSION>>
What is the deadline for initial disclosures in discovery? - ANSWER ✓ Unless a
court order or stipulation of parties says otherwise, within 14 days of the Rule 26(f)
conference.
What disclosures are necessary for an expert hired to help prepare the case but
who is not going to testify at trial? - ANSWER ✓ NO disclosures, this is a
CONSULTING expert.
What must each party disclose to the other regarding an expert witness who
intends to testify at trial? - ANSWER ✓ 1) Identity
2) Written report containing the opinions to be expressed, bases for the opinions,
facts used to form the opinions, EW's qualifications, and how much EW is being
paid.
Must parties allow depositions of their expert witnesses? - ANSWER ✓ YES, if
the EW intends to testify. A subpoena should be issued to compel attendance, and
the party must pay the EW a reasonable hourly rate.
What is the penalty for failing to identify an expert witness or to provide required
information? - ANSWER ✓ You CANNOT use the EW at trial unless failure was
(1) justified, or (2) harmless.
What are pretrial required disclosures? - ANSWER ✓ No later than 30 days before
trial, parties must give detailed information about trial evidence, including identity
of witnesses to testify and things to be introduced at trial.
, When can a party first request discovery from other parties? - ANSWER ✓ After
the Rule 26(f) conference.
What are the 5 tools used to get information in discovery? - ANSWER ✓ 1)
Depositions
2) Interrogatories
3) Requests to produce
4) Medical exam
5) Request for admission
Describe the process and rules for depositions in discovery. - ANSWER ✓ 1)
Subpoena the non-party to compel attendance (and subpoena duces tecum to
require the deponent to bring materials). Simply notice the adverse party.
2) Non-parties must only travel within 100 miles from where they reside or are
employed.
3) Limit of 10 depositions and no multiple depositions of the same party without
court approval.
4) Deposition is limited to one seven-hour day unless court orders.
What are the main uses for depositions at trial? - ANSWER ✓ 1) Impeach the
deponent
2) Any purpose if deponent is an adverse party
3) Any purpose if the deponent is unavailable for trial, unless the absence was
procured by the party seeking to introduce evidence.
1) What are interrogatories?
2) To whom can you send interrogatories?
3) How long does the party have in which to respond with answers or objections?
4) Can you respond by saying you don't know?
5) What is the maximum number of interrogatories? - ANSWER ✓ 1) Written
questions to be answered in writing under oath.
2) PARTIES only, never non-parties.
3) 30 days from SERVICE
4) You must answer from information reasonably available to you. More
demanding than a deposition.
5) 25, including subparts
1) What is a request to produce?
2) Is it limited to parties?
,3) In what form is ESI produced? - ANSWER ✓ 1) A request that someone make
available for review things.
2) Parties only, but you can get the same things from non-parties by subpoena.
3) Requesting party specifies form, but the other party can object.
1) What is unique about requesting medical exams in discovery?
2) Who can be ordered to undergo a medical exam?
3) Who may request results of the exam? - ANSWER ✓ 1) You MUST get a court
order and show: (a) the person's health is in actual controversy, AND (b) good
cause.
2) A party or someone in the party's CUSTODY or LEGAL CONTROL (i.e., NOT
employees of employers, but children).
3) The person examined may request it, but will have to submit his own doctor's
exams too.
1) On whom may requests for admission be served?
2) What are possible answers and consequences of those answers? - ANSWER ✓
1) Parties ONLY, never non-parties.
2) If ∆ fails to deny specifically or object to the request, he is deemed to have
admitted it. If responding party says she does not know the answer, she must have
made reasonable inquiry.
If information that you provided in discovery changes over time, do you have any
obligations to correct? - ANSWER ✓ Yes, there is a duty to supplement if
produced discovery is now incomplete or incorrect.
What is the scope of discovery and what is discoverable? - ANSWER ✓ 1)
Anything RELEVANT to a claim or defense (relevant is broader than admissible at
trial), AND
2) Proportional to the needs of the case.
3) Generally, it is discoverable if it is REASONABLY CALCULABLE TO LEAD
to admissible evidence.
Under what circumstances will discovery into a ∆'s net worth be deemed relevant?
- ANSWER ✓ When seeking punitive damages, because total net worth is relevant
to the punishment. Compensatory damages make net worth irrelevant.
, What may the court do if ESI is not reasonably accessible? - ANSWER ✓ If the
other side shows good cause for discovery anyway, the court may ORDER
PRODUCTION and ALLOCATE THE EXPENSE between the parties.
What are two bases upon which you can object to discovery? - ANSWER ✓ 1)
Privilege (e.g., A-C)
2) Work product: materials prepared in anticipation of litigation.
What is the difference between qualified work product and absolute work
product? - ANSWER ✓ 1) Qualified is statements made by someone else not
involving attorney impressions but still prepared in anticipation of litigation.
Discoverable if (a) substantial need, AND (b) not otherwise available.
2) Absolute/opinion work product: mental impressions, opinions, conclusions,
legal theories.
How does one assert work product or a privilege? - ANSWER ✓ You must claim
protection EXPRESSLY and describe the material IN DETAIL. These are
recorded in the privilege log.
What are the three ways courts get involved in discovery disputes? - ANSWER ✓
1) Protective order if discovery subjects it to annoyance, embarrassment, undue
burden , or expense.
2) Partial response to a discovery request: court will weigh a motion to compel.
3) No response to discovery request: court decides whether objections were
legitimate.
Describe the sanctions for discovery violations. - ANSWER ✓ 1) For partial
response: (a) FIRST, move for an order compelling the party to answer, then (b)
"merits" sanctions plus costs and maybe contempt may be ordered.
2) For no response: Merit sanctions immediately, no need to get a motion to
compel.
What are merits sanctions? - ANSWER ✓ 1) Establishment order (facts as true)
2) Strike pleadings
3) Disallow evidence from disobedient party.
4) Dismiss π's case (only if BAD FAITH)
5) Enter default judgment (only if BAD FAITH)
