ACEDS Questions and Answers
American rule - ANSWER-each party pays its own legal costs
Custodial ESI - ANSWER-E-mail, storage hardware, network storage, private data
storage, social networking sites.
Custodian - ANSWER-individual who is a party or an employee of a party and is likely to
hold relevant ESA
Data Mapping - ANSWER-Types of ESI stored, security and access controls, format
and reporting capabilities, back-up, archival, purging processes and schedules, and
audit trial capabilities.
Discovery Plan - ANSWER-Subject requiring discovery, timetable for production, format
of production, privilege issues (including inadvertent production), limitations on
discovery (by rule or agreed to by parties)
Discovery Request - ANSWER-Pleading signed by attorney. Certifies Consistent with
FRCP, Non-Frivolous, not for improper purpose (such as harassment), not
unreasonable or unduly burdensome.
Discovery Response - ANSWER-Due within 30 days, formal written response to request
alos signed by attorney, certifies objets well founded and in good faith, disclosure is
complete and correct at time made. (Most likely not really responding with productions
at this time.)
FCP Rule 26 (b) (2) (B) - ANSWER-Cost shifting...cost limiting and proportionality (cost
vs. benefits)
Federal Rules of Civil Procedure - ANSWER-The rules controlling procedural matters in
civil trials brought before the federal district courts.
FRCP 26(f) - ANSWER-parties must cinfer as soon as practical or at least 21 days
before a scheduling conference is to be held or a scheduling order is due under Rule
FRCP 16(b)
FRCP 26(f): Planning for Discovery (meet and confer) - ANSWER-Parties must
consider: 1) the nature and basis of their claims and defenses and the possibilities for
promptly settling or resolving the case 2) makr or arrange for the disclosures required
by FRCP Rule 26 (1)(1), 3) discuss any issues about preserving discoverable
information, develop a discovery plan. Submitting the court within 14 days a written
report outlining the discovery plan.
FRCP Rule 11 - ANSWER-Attorney must sign the discovery request and take
responsibility
