Kahoots - Discovery Flashcards

(38 cards)

1
Q

How many days advance notice are required for a deposition?
a. 14 days notice
b. 10 days notice
c. 20 days notice
d. None of the above

A

d. None of the above

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2
Q

Under what circumstances is it appropriate to instruct the witness not to answer a question at a deposition?
a. The question calls for an admissible hearsay response
b. The question asks for evidence protected by privilege
c. The question asks for information that is not relevant
d. The question asks for an answer in the form of an opinion

A

b. The question asks for evidence protected by privilege

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3
Q

Who may attend the deposition of a minor child?
a. The child’s attorney
b. The child’s parents
c. The child’s guardian ad litem
d. All of the above

A

d. All of the above

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4
Q

What is the maximum number of requests for admission that can be served without leave of court?
a. 100
b. 50
c. 30
d. 75

A

c. 30

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5
Q

What is the latest that you can serve a notice of inadvertent disclosure of privileged materials?
a. 20 days after discovering the inadvertent disclosure
b. 30 days after discovering the inadvertent disclosure
c. 10 days after discovering the inadvertent disclosure
d. 14 days after discovering the inadvertent disclosure

A

c. 10 days after discovering the inadvertent disclosure

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6
Q

Which of the following can you obtain from an expert witness through discovery?
a. The expert’s college transcripts
b. The expert’s tax returns
c. The expert’s annual earnings
d. The identity of other cases in which the expert has testified

A

d. The identity of other cases in which the expert has testified

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7
Q

When may a party file information obtained through discovery with the court?
a. Contemporaneously with serving the discovery response
b. At the pretrial conference
c. When allowed or required by court order or rule of procedure
d. No later than 60 days before trial

A

c. When allowed or required by court order or rule of procedure

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8
Q

Who is NOT permitted to attend a rule 1.360 compulsory examination?
a. counsel for the defendant
b. a court reporter hired by the plaintiff
c. plaintiff’s counsel
d. a videographer hired by the plaintiff

A

a. counsel for the defendant

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9
Q

Which of the following does REQUIRES leave of court?
a. A video deposition
b. The deposition of a prisoner
c. A deposition by communication technology
d. All of the above

A

b. The deposition of a prisoner

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10
Q

What alternative responses to a request for admissions are expressly contemplated by the rule?
a. An objection to the request
b. A written response to the request
c. No response at all
d. All of the above

A

d. All of the above

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11
Q

Which of the following is NOT an expert subject to the discovery provisions of rule 1.280?
a. An accident reconstruction engineer
b. A treating physician
c. A physician performing a CME pursuant to rule 1.360
d. A forensic accountant

A

b. A treating physician

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12
Q

Which of the following is not a method of discovery authorized under Rule 1.280?
a. Interrogatories
b. Video surveillance
c. Request for admission
d. Depositions on oral questions

A

b. Video surveillance

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13
Q

Which of the following are protected by the work product privilege?
a. Incident reports
b. Witness statements
c. Video surveillance
d. All of the above

A

d. All of the above

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14
Q

What is the BEST PRACTICE for responding to a request for production of your client’s incident report?
a. Produce the report
b. Object based on relevance
c. Object based on work product, supported by affidavits and privilege log
d. None of the above

A

c. Object based on work product, supported by affidavits and privilege log

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15
Q

True or False
You CANNOT use the deposition of an opposing party as substantive evidence at trial

A

False

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16
Q

True or False
A non-resident plaintiff can be forced to travel to Florida for deposition

17
Q

True or False
You are required to supplement/update your discovery responses promptly upon becoming aware of additional information

18
Q

True or False
A party is NEVER entitled to production of her own statement

19
Q

True or False
You CANNOT exclude the parents of a minor child from the minor child’s deposition

20
Q

True or False
Speaking objections that suggest the answer are permitted in depositions

21
Q

True or False
The court can assess attorneys fees and costs against the party that fails to subpoena a non-party witness to deposition

22
Q

True or False
The deposition of a party may be used by an adverse party for any purpose

23
Q

True or False
Interrogatories may be propounded to non-parties

24
Q

True or False
The court has the power to resolve objections made by a PARTY to a rule 1.351 notice of production from non-party

25
True or False The party requesting a Rule 1.360 examination has the right to attend the examination and document it
False
26
True or False A party can serve as many as 60 requests for admission, exclusive of subparts
False
27
True or False A court should only strike pleadings for failure to comply with a discovery order if the conduct was contumacious
True
28
True or False A party prevailing on a motion to compel discovery may be entitled to an award of attorney's fees
True
29
True or False A witness is entitled to a copy of her own statement upon request
True
30
True or False Contents of an insurance company claim file are NOT protected as work product
False
31
True or False You need a court order to take the deposition of a prisoner
True
32
True or False Under rule 1.310(b)(6), the witness designated by the entity is not required to possess any personal knowledge
True
33
True or False You CANNOT depose additional corporate officers after taking a rule 1.310(b)(6) deposition of the corporation
False
34
True or False A court order is required to take a deposition by "communication technology"
False
35
True or False Objections during a deposition must be stated in a concise, non-argumentative and nonsuggestive manner
True
36
True or False All objections other than to the form of the question during depositions are reserved
True
37
True or False A party's answers to interrogatories CAN be admissible as substantive evidence
True
38
Under Rule 1.340(c), a party can answer interrogatories by referring to attached business records
True