PRE-TRIAL LAB DISCOVERY EXAM
QUESTIONS WITH CORRECT ANSWERS
Written Interrogatories: Absent a court order there is a BAN on these uses of
interrogatories: - ANSWER-Interrogatories cannot be served on a non-party witness
except in matrimonial actions regarding a party's finances and only if a court order is
first obtained.
B= except in matrimonial actions a party cannot serve BOTH a demand for a bill of
particulars and interrogatories from the same party.
A= a P cannot demand interrogatories until AFTER the D's time to answer has expired
but a D can immediately demand Interrogatories from a P after being served with
process.
N= where NEGLIGENCE is the Sole C.O.A. in the P's complaint suing for property
damage, personal injury or WD, the P cannot seek both Interrogatories and depositions.
Discovery and Inspection: seeks to inspect real evidence from opposing or non-parties.
- ANSWER-A court order is no longer required. Must notify the other attorneys in case
after receipt of docs.
Business records can be accompanied by an affidavit signed by someone in that
business having personal knowledge of how the business records are kept and setting
forth:
1. The records produced are accurate and complete, and
2. The five elements of the hearsay business record exception (TRUMP).
At least 30 days prior to trial the party seeking this affidavit must notify in writing her
adversary of the intent to do so. The adversary can oppose this procedure up to ten
days before trial.
Request for Admissions: - ANSWER-Should not be used to resolve contested issues.
A demand to admit is deemed admitted w/in 20 days unless denied. It can be served up
to 20 days before trial.
No court order.
Requests for Addresses: - ANSWER-Requires a certified statement setting forth the
residence of a party and must be complied with in 10 days.
Protective Orders: Any party or non-party from whom discovery is sought can make this
motion to prevent unreasonable DEEP abuse. - ANSWER-D - DISADVANTAGE
E - EMBARRASSMENT
E - EXPENSE (especially with economic disparity)
QUESTIONS WITH CORRECT ANSWERS
Written Interrogatories: Absent a court order there is a BAN on these uses of
interrogatories: - ANSWER-Interrogatories cannot be served on a non-party witness
except in matrimonial actions regarding a party's finances and only if a court order is
first obtained.
B= except in matrimonial actions a party cannot serve BOTH a demand for a bill of
particulars and interrogatories from the same party.
A= a P cannot demand interrogatories until AFTER the D's time to answer has expired
but a D can immediately demand Interrogatories from a P after being served with
process.
N= where NEGLIGENCE is the Sole C.O.A. in the P's complaint suing for property
damage, personal injury or WD, the P cannot seek both Interrogatories and depositions.
Discovery and Inspection: seeks to inspect real evidence from opposing or non-parties.
- ANSWER-A court order is no longer required. Must notify the other attorneys in case
after receipt of docs.
Business records can be accompanied by an affidavit signed by someone in that
business having personal knowledge of how the business records are kept and setting
forth:
1. The records produced are accurate and complete, and
2. The five elements of the hearsay business record exception (TRUMP).
At least 30 days prior to trial the party seeking this affidavit must notify in writing her
adversary of the intent to do so. The adversary can oppose this procedure up to ten
days before trial.
Request for Admissions: - ANSWER-Should not be used to resolve contested issues.
A demand to admit is deemed admitted w/in 20 days unless denied. It can be served up
to 20 days before trial.
No court order.
Requests for Addresses: - ANSWER-Requires a certified statement setting forth the
residence of a party and must be complied with in 10 days.
Protective Orders: Any party or non-party from whom discovery is sought can make this
motion to prevent unreasonable DEEP abuse. - ANSWER-D - DISADVANTAGE
E - EMBARRASSMENT
E - EXPENSE (especially with economic disparity)
