Civil Litigation: Law Examination
Short Answer
- Identify the two individuals who must sign responses to Interrogatories and the reason each is signing. (8)
- Explain how relevance for discovery is different than relevance needed for evidence to be admitted at trial? (8)
- Identify the three types of written discovery and give an example of each. (12)
- Explain two reasons why it is important to tell someone who you are preparing for a deposition that he/she should pause for several seconds before answering a question. (6)
- Explain what has to be done when scheduling the deposition of a party and what has to be done differently when scheduling the deposition of a witness. (8)
- If one party wishes to obtain copies of the other party’s medical bills and records, what are two different methods that could be used? Explain your answer. (6)
- Under Federal Rule Civil Procedure 35 governing physical and mental examinations, if the parties do not agree and a court order is required, what are the two things that must be shown. (8)
- What is a subpoena duces tecum and when would it be used? (6)
Fact scenario:
Tony worked for ABC company and signed an agreement not to compete for a period of two years after the end of his employment. Tony quit and went to work for DEF company. Although DEF company does sell items that are also sold by ABC, DEF has different divisions and Tony has been assigned to work in a division selling items that ABC does not sell. ABC sues Tony in state court in St. Lucie County for breach of his non-compete contract. ABC issues a subpoena to DEF Company requesting records that would identify confidential customer information. DEF hires the law firm where you work. Your boss, Addie Smith asks you to draft a Motion for Protective Order on behalf of DEF asking that they not be required to produce the records. (25)