...and that it will disclose information only after the plaintiff serves discovery requests. Which statement is most accurate? Initial disclosures are designed to occur early and without awaiting a discovery request. A part...
Citations: Fed. R. Civ. P. 26(a)(1), Fed. R. Civ. P. 26(e), Fed. R. Civ. P. 26(f)
...ndings. AlpineGear sells all clips to a German assembler, which sells completed bindings to an independent distributor in New York. AlpineGear has no office, employees, property, advertising, direct sales, customer list...
Citations: World-Wide Volkswagen Corp. v. Woodson, J. McIntyre Machinery, Ltd. v. Nicastro, Walden v. Fiore
...ny's service logs for her account, the technician's installation checklist, and deposition testimony from the technician and operations director. It explains that those materials are expected to show whether the door sen...
Citations: Fed. R. Civ. P. 56(d), Fed. R. Civ. P. 56(a)
...ages, and pain and suffering. Delta Drones argues that diversity is incomplete because LiftPoint LLC has a State A member through Ridge Capital LP. Amara argues that LiftPoint should be treated like a corporation with ci...
Citations: 28 U.S.C. 1332, Hertz Corp. v. Friend, Carden v. Arkoma Associates
...atute is involved. Atlas answered, litigated for 14 months, completed discovery, and repeatedly stated that it preferred federal court. Two weeks before trial, the judge noticed the citizenship and amount allegations and...
Citations: Fed. R. Civ. P. 12(h)(3), 28 U.S.C. 1447(c)
...t in federal court wants to file a summary-judgment motion after fact discovery closes. No local rule or scheduling order sets a different deadline. Which statement best describes Rule 56's default timing rule? The defau...
Citations: Fed. R. Civ. P. 56(b), Fed. R. Civ. P. 56(d)
A plaintiff files a state-law negligence action in State A court. Complete diversity and the amount in controversy are present, but one properly joined and served defendant is a citizen of State A. Which statement best d...
Citations: 28 U.S.C. 1441(b)(2)
After a full discovery period, a defendant in a federal toxic-exposure case moved for summary judgment. The defendant cited the plaintiff's discovery responses showing no expert witness, no medical causation opinion, and...
Citations: Fed. R. Civ. P. 56(c), Celotex Corp. v. Catrett
After discovery in a federal breach-of-contract action, both parties move for summary judgment. The record contains signed contracts, emails, deposition excerpts, and competing declarations about whether delivery was acc...
Citations: Fed. R. Civ. P. 56(a)
After final judgment in a federal civil case, the losing party timely filed a Rule 59 motion for a new trial. Before the district court ruled on that motion, the losing party also filed a notice of appeal. Which statemen...
Citations: Fed. R. App. P. 4(a)(4), Fed. R. Civ. P. 59
...of the same state; City Bus is a citizen of a different state. After discovery, the court grants summary judgment to City Bus on the federal civil-rights claim. Owen moves to dismiss the battery claim for lack of subjec...
Citations: 28 U.S.C. 1367, United Mine Workers v. Gibbs
During a federal deposition, plaintiff's counsel asked the defendant's employee about a nonprivileged meeting with a supervisor. Defense counsel objected that the question was irrelevant and instructed the witness not...
Citations: Fed. R. Civ. P. 30(c), Fed. R. Civ. P. 30(d), Fed. R. Civ. P. 37
In a federal antitrust case, the plaintiff served 40 interrogatories on the defendant. Several interrogatories asked the defendant to identify facts supporting its affirmative defenses. Others asked for sales figures...
Citations: Fed. R. Civ. P. 33
...letion of internal chat messages after 30 days. After suit was filed, discovery showed that engineers had discussed the consumer's fire and similar battery failures in chat channels during the month after the demand lett...
Citations: Fed. R. Civ. P. 26(f), Fed. R. Civ. P. 37(e)
...y protection by producing the email. How should the court resolve the discovery dispute? Discuss attorney-client privilege, ordinary and opinion work product, substantial need and undue hardship, and the consequen...
Citations: Fed. R. Civ. P. 26(b)(3), Fed. R. Civ. P. 26(b)(5), Fed. R. Evid. 502, Hickman v. Taylor, Upjohn Co. v. United States
...r moves to compel. The employer moves for a protective order limiting discovery to the manager's region, a three-year period, a...
Citations: Fed. R. Civ. P. 26(b)(1), Fed. R. Civ. P. 26(b)(5), Fed. R. Civ. P. 26(c), Fed. R. Civ. P. 34(b)
A patent case is pending in federal court in State A. The plaintiff served a subpoena on a nonparty supplier headquartered in State B, seeking emails and design drawings. The subpoena commanded production at plaintiff...
Citations: Fed. R. Civ. P. 45
A plaintiff in federal court alleges that a fall at the defendant's store caused permanent back injuries and seeks future medical expenses. The defendant wants an orthopedic surgeon to examine the plaintiff. The plain...
Citations: Fed. R. Civ. P. 35
A plaintiff sent a preservation letter to a defendant after a workplace accident. The defendant did not suspend automatic deletion of safety-camera metadata. The video itself was preserved, but metadata showing who ac...
Citations: Fed. R. Civ. P. 37(e)
A plaintiff served Rule 34 requests for emails, spreadsheets, and inspection of a machine involved in an accident. The defendant responded to several requests by stating only, "Objection, overbroad and burdensome," an...
Citations: Fed. R. Civ. P. 34
...ourt most likely rule? The best answer is the tailored order. Federal discovery is broad, but it is bounded by relevance, proportionality, privilege, and specific objections. Fed. R. Civ. P. 26(b)(1), Fed. R. Civ. P. 26(...
Citations: Fed. R. Civ. P. 26(b)(1), Fed. R. Civ. P. 26(b)(5), Fed. R. Civ. P. 34(b)(2)
A restaurant customer sued a national restaurant chain in federal court after slipping on a wet floor. She seeks damages for a fractured ankle, continuing inability to work, anxiety attacks triggered by the fall, and...
Citations: Fed. R. Civ. P. 35, Fed. R. Civ. P. 45
A software company sued a former engineer in federal court for misappropriation of trade secrets. The company noticed 14 oral depositions without seeking leave of court. At the engineer's deposition, company counsel q...
Citations: Fed. R. Civ. P. 30, Fed. R. Civ. P. 33, Fed. R. Civ. P. 37
...vestigator obtained a signed factual statement from the guard. Before discovery began, the guard suffered a severe stroke and can no longer testify reliably. The plaintiff requests the signed statement. Which statement b...
Citations: Fed. R. Civ. P. 26(b)(3), Hickman v. Taylor
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