CEDS EXAM SOLVED CORRECTLY!!
Proportionality - Answer Burden/Expense is outweighs value, may shift costs or impose limits Attorney Certifies Discovery Request - Answer Consistent w/ FRCP, Non-Frivolous, not to harass, not unreasonably burdensome Rule 26(f) - Answer "Meet and Confer" - opportunity to exchange/agree on Discovery Creation of "Discovery Plan" Limit scope (depositions, interrogatories, etc) Rule 26(a)(1) - Answer Proposed discovery plan. address preservation issues.Rule 26 Discovery Plan - Answer Initial disclosure (subjects requiring discovery) Timetable Format Privilege issues Limitations on discovery (per agreement) Clawback agreements Rule 26 Discovery Plan (2) - Answer May list particular issues and agree on timing (e.g. production schedule) or broader initial discovery to narrow later.Early Data Assessment - Answer Preliminary assessment of data. Evaluation of systems, custodian data, other evidence.Sort out critical / non-critical groupings Is not early case assessment
Helps to : Assess costs
Choose Technologies Address at 26(f) conference Merits of case before doc review Decide whether to settle / litigate FRCP 26(b)(1) - Answer Provides guidance on cost shifting. "reasonableness" Rule 26(b)(2)(B) - Answer Not reasonable accessible - due to "undue burden or cost" Requires "Good Cause"
Documenting Preservation - Answer Complete & accurate records:
Witness interview notes Copies of org charts Legal Hold notice Evidence of distribution Follow-Up actions Records Management - Answer What is the Records Management policy?Purpose & schedule Litigation Hold always supercededs Backup Media - Answer Back-Up policies, schedule, restore time, impact on metadata, etc
- / 1