ACEDS Part 1 Questions and Answers
(A)(ii) of the rule - ANSWER-Each party must provide a copy — or a description by
category and location — of all documents, electronically stored information
American rule. - ANSWER-A party that insists upon production of information that is out
of proportion to its likely
Attorney certification of discovery request - ANSWER-Response is due within 30 days
Attorney certification of discovery request certifies consistent nonfrivolous not for
improper purpose not unreasonable - ANSWER-Done
Clawback - ANSWER-Process of inadvertent production of
privileged and/or work-product material
Cost shifting - ANSWER-Cost exceeds value or not reasonably accessible
Discovery Plan - ANSWER-1. Initial Disclosures 2. Subjects/Custodians 3.Format of
production 4. Claims of Privilege (inadvertent show data) 5. Potential Changes of
Limitations 6. Orders that the court should issue - share draft plan
E discovery team - ANSWER-Attorney, client contact, IT personnel, collection
personnel, processing personnel, hosting vendor, document review personnel
Early Case Assessment - ANSWER-Identifies Risk to move forward NOT EDA
EDA - ANSWER-Early Data Assessment - Identify data that needs to be preserved -
give budgets - helps strategies - critical and not critical data - reduces cost of discovery
- limits
FRCP (f) Conference - ANSWER-Open Dialogue to know process
FRCP 2015 Changes - ANSWER-Streamline discovery and reduce sanctions
FRCP 26(b)(1), formerly FRCP 26(b)(2)(C) - ANSWER-provides guidance to courts and
parties considering cost shifting.
FRCP Amendments 2006 - ANSWER-How discovery is to be performed and guidance.
Now electronic
Information governance - ANSWER-Same as record management
Initial disclosures must include ESI - ANSWER-True
