Q.1 What is the primary purpose of discovery in civil litigation?
To punish the opposing party
To exchange evidence and information before trial
To delay the court proceedings
To determine sentencing
Explanation - Discovery allows both parties to gather relevant facts, documents, and testimony to prepare for trial and avoid surprises.
Correct answer is: To exchange evidence and information before trial
Q.2 Which of the following is NOT typically part of the discovery process?
Depositions
Interrogatories
Document production
Closing arguments
Explanation - Closing arguments happen during trial, not during the pre-trial discovery phase.
Correct answer is: Closing arguments
Q.3 Depositions are best described as:
Written questions answered under oath
Oral testimony given under oath before trial
Final judgment by the court
Evidence presented during sentencing
Explanation - Depositions involve live questioning of witnesses under oath to preserve testimony and gather evidence before trial.
Correct answer is: Oral testimony given under oath before trial
Q.4 Which rule of civil procedure governs discovery in the U.S. federal courts?
Rule 12
Rule 26
Rule 32
Rule 50
Explanation - Federal Rule of Civil Procedure 26 outlines the scope and process of discovery in federal cases.
Correct answer is: Rule 26
Q.5 A party may object to a discovery request if it is:
Relevant to the case
Privileged or overly burdensome
Requested in writing
Submitted before the trial date
Explanation - Discovery can be limited if it seeks privileged information or creates an unreasonable burden or expense.
Correct answer is: Privileged or overly burdensome
Q.6 Interrogatories are:
Requests to admit facts
Written questions that must be answered under oath
Physical examinations ordered by the court
Court-ordered sanctions
Explanation - Interrogatories are formal written questions submitted by one party and answered under oath by the other.
Correct answer is: Written questions that must be answered under oath
Q.7 The discovery process begins after:
The verdict is announced
A complaint and answer are filed
The appeal process starts
Closing arguments are completed
Explanation - Discovery starts once the initial pleadings, including the complaint and answer, are filed in court.
Correct answer is: A complaint and answer are filed
Q.8 What is the main function of a 'request for production'?
To provide a list of witnesses
To obtain documents and tangible evidence
To schedule the trial date
To challenge the court's jurisdiction
Explanation - Requests for production allow parties to obtain physical evidence or documents relevant to the case.
Correct answer is: To obtain documents and tangible evidence
Q.9 What happens if a party fails to comply with discovery orders?
The case automatically ends
The court may impose sanctions
The jury is dismissed
The trial must be postponed indefinitely
Explanation - Courts can impose fines, limit evidence, or even dismiss claims as sanctions for noncompliance.
Correct answer is: The court may impose sanctions
Q.10 The scope of discovery is generally limited to:
Only admissible evidence
Relevant information likely to lead to admissible evidence
Final arguments presented in trial
Only written documents
Explanation - Discovery includes information that might lead to admissible evidence, even if it's not itself admissible.
Correct answer is: Relevant information likely to lead to admissible evidence
Q.11 Requests for admission are used to:
Obtain physical evidence
Ask a party to admit specific facts
Schedule depositions
File motions to dismiss
Explanation - Requests for admission streamline trials by getting parties to agree on undisputed facts in advance.
Correct answer is: Ask a party to admit specific facts
Q.12 Which of these is an example of privileged information in discovery?
A public record document
A conversation between attorney and client
A witness list
A filed complaint
Explanation - Attorney-client communications are protected from discovery by privilege rules.
Correct answer is: A conversation between attorney and client
Q.13 Who typically bears the cost of discovery?
The court
The losing party
Each party generally bears its own costs
The jury
Explanation - Normally, each party pays for its own discovery efforts unless otherwise ordered by the court.
Correct answer is: Each party generally bears its own costs
Q.14 Discovery rules are primarily designed to:
Encourage surprise tactics
Ensure fairness and transparency
Prevent settlements
Speed up jury deliberations
Explanation - Discovery promotes fairness by requiring parties to share evidence before trial.
Correct answer is: Ensure fairness and transparency
Q.15 Which type of discovery involves inspecting physical items?
Interrogatories
Request for production
Request for admission
Deposition
Explanation - Requests for production allow parties to examine physical evidence relevant to the case.
Correct answer is: Request for production
Q.16 What is the purpose of a protective order in discovery?
To speed up the trial process
To prevent abuse or harassment during discovery
To limit closing arguments
To dismiss a case before trial
Explanation - Protective orders prevent one party from using discovery to harass or unduly burden the other party.
Correct answer is: To prevent abuse or harassment during discovery
Q.17 Electronic discovery (e-discovery) involves:
Digital evidence like emails and metadata
Only paper documents
Verbal testimony only
Jury instructions
Explanation - E-discovery deals with collecting, preserving, and exchanging electronically stored information.
Correct answer is: Digital evidence like emails and metadata
Q.18 If a party believes a discovery request is irrelevant, they may:
Ignore it completely
File a motion for protective order
Automatically refuse without explanation
Proceed to trial without responding
Explanation - A party must seek a protective order from the court to limit or deny certain discovery requests.
Correct answer is: File a motion for protective order
Q.19 Which of these is a sanction for discovery violations?
A written warning only
Exclusion of evidence or dismissal of claims
Automatic mistrial
Jury replacement
Explanation - Courts can exclude evidence or dismiss claims as punishment for discovery misconduct.
Correct answer is: Exclusion of evidence or dismissal of claims
Q.20 In discovery, a 'subpoena duces tecum' requires a person to:
Testify before a jury
Bring documents or evidence to court
Make closing arguments
File a counterclaim
Explanation - A subpoena duces tecum compels someone to produce specific documents or items for inspection.
Correct answer is: Bring documents or evidence to court
Q.21 Which party can initiate discovery?
Only the plaintiff
Only the defendant
Both parties
Only the judge
Explanation - Both plaintiffs and defendants have the right to request information during discovery.
Correct answer is: Both parties
Q.22 What is the term for withholding evidence intentionally during discovery?
Privilege
Spoliation
Sanction
Subpoena
Explanation - Spoliation occurs when evidence is intentionally destroyed or withheld, which can result in severe penalties.
Correct answer is: Spoliation
Q.23 Discovery deadlines are typically set by:
The jury
The parties themselves only
Court rules or scheduling orders
The losing party
Explanation - Courts establish discovery deadlines to ensure timely preparation for trial.
Correct answer is: Court rules or scheduling orders
Q.24 Which discovery tool is used to examine a party's physical or mental condition?
Deposition
Request for production
Physical or mental examination
Request for admission
Explanation - Courts may order medical examinations when a party's condition is relevant to the case.
Correct answer is: Physical or mental examination