Legal Discovery Procedures Quiz

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Questions and Answers

Which of the following is NOT within the scope of a stipulation between parties?

Reduction of time for discovery proceedings

Extension of time for discovery proceedings

Continuance of the trial (correct)

Reopening of discovery after a new trial date has been set

What is the primary purpose of a stipulation between parties?

To avoid unnecessary legal motions and proceedings (correct)

To establish a clear timeline for the trial

To ensure that all parties are represented by legal counsel

To prevent the use of evidence that is not relevant to the case

Why should a stipulation be considered a "mini-contract"?

Because it must be signed and witnessed by a notary public

Because it is subject to the same legal requirements as a formal contract

Because it is a binding agreement between two or more parties (correct)

Because it is a formal legal agreement that must be in writing with proper formatting

Which of the following is NOT required for a valid stipulation extending the time for discovery?

Approval by the court (A) Signup and view all the answers

What is the role of a legal assistant in the process of granting extensions for discovery responses?

They can grant up to two extensions for original discovery responses. (A) Signup and view all the answers

What should be done if an extension for a supplemental/amended discovery response is requested?

Request an equivalent extension for filing our own MTCFR. (B) Signup and view all the answers

What is the proper procedure for granting extensions for original discovery responses?

Legal assistants can grant up to two extensions. (D) Signup and view all the answers

If the last day to respond to a request for admission falls on a Sunday, what is the new deadline?

The next court day that is closer to the trial date. (A) Signup and view all the answers

[For this question, you may consult a 2025 calendar] A party served requests for admission on January 15th via email. What is the latest date the party must respond?

February 18th (@) Signup and view all the answers

What is the time extension for responding to discovery requests served by e-mail?

2 days (B) Signup and view all the answers

When requesting an extension from the defense, what internal protocol should be followed?

Request the extension at least 3-5 days before the deadline. (A) Signup and view all the answers

In the context of PL motions filing extensions, what is the best way to document the agreement?

A simple email stating both sides agree to the extension is sufficient under California rules. (B) Signup and view all the answers

In the scenario where a party has allowed the 45-day period to expire for serving interrogatories, what is the consequence of propounding the same interrogatory in a later set?

The party is prohibited from propounding the same interrogatory in a later set, as it would encourage delay and lack of diligence. (B) Signup and view all the answers

How should the team respond to the defense counsel's email requesting an extension?

Reply promptly to acknowledge the request and document the team's diligence in addressing any delays. (C) Signup and view all the answers

What should be done if a request for default has already been filed and the opposing party is represented by counsel?

Withdraw the request for default if it has been less than 6 months since service, and notify defense counsel that the team will withdraw the default once their answer is filed. (B) Signup and view all the answers

Under Code Civ. Proc. § 2024.060, which of the following is true regarding stipulations between parties?

Stipulations to extend time must be written and express, and must be agreed upon by both parties. (B) Signup and view all the answers

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Study Notes

Requesting & Granting Extensions

Parties can modify discovery procedures by written stipulation (agreement).
This agreement is essentially a mini-contract between the parties.
Extensions and time reductions can be stipulated.

Coverage of Stipulations between Parties

Section 2016.030 allows modification of discovery procedures by written agreement.
Court orders may override this.
Section 2019.010 outlines acceptable methods of discovery.

Legal Basis

Methods of discovery are outlined in §2019.010.
These include oral and written depositions, interrogatories, document inspections, physical/mental examinations, requests for admissions, and simultaneous expert witness exchanges.

Coverage

Parties may modify discovery procedures through written agreement.
An agreement should be a written document with explicit consent from both parties.

Stipulation

Rather than submitting a motion, parties can stipulate to extensions or time reductions.
A stipulation is akin to a mini-contract, so there should always be something in return.

Out of Coverage: Continuance of Trial

Parties can agree to extend time for discovery completion, motion hearings, or discovery re-opening after a new trial date.
Agreement must be in writing and confirmed by all parties affected.
Court's approval, for continuance, is not required.

Out of Coverage: Not for Stipulation!

Court can grant leave to complete discovery, or set a hearing closer to the trial date or re-open discovery after the new trial date.
Motions requesting this are handled by the court, not based on stipulation.

Internal Protocols

Extensions are commonly granted to avoid unnecessary conflict.
Legal Assistants can grant up to two extensions for original discovery responses.
Further extensions require approval from the litigation meeting, especially for amended answers or supplemental responses.
Documentation of agreements is vital for future dispute prevention.
Emails should confirm agreements.
Motions for any extension should be filed before statutory deadlines.

Internal Protocols Def Responses

Time extensions for DEF responses are advisable to avoid conflict, as judges usually approve them.
Grants of up to two original response extensions are possible by Legal Assistants.
Extensions for amended responses require equivalent extension on other filings, as well as records with clear deadlines.
Always have written confirmation before granting any extensions.

Internal Protocols: Request for Default

The default of another litigant should not be taken without adequate warning to the opposing counsel.
If a default request has already been filed, team should withdraw or modify a default after six months.
If it's over six months, a default should be granted unless there are strategic reasons.

Internal Protocols: PL Requesting Extension from DEF

Act with courtesy and professionalism.
Do not assume the extension will be granted.
Ask about the extension at least 3 to 5 days prior to the deadline.

Practical/Tactical

PL served first set of requests.
DEF served evasive responses and boilerplate objections.
Case management conference unsuccessful.
Same interrogatory can be repeated in the follow up set with adequate justification.

Interrogatories - Scenario

Party allowing the 45-day waiver period to expire cannot void this.
Asking identical questions again is not valid.
Other parties can have answers provided via depositions.

RFAS

Extensions of more than 30 days may be required to respond to the initial disclosures.
If the requesting party will not agree to an extension, a motion for a protective order is recommended to get the necessary time.

Noticing Depositions

Setting dates without waiting for responses, including deadlines, can avoid delays in the overall process.

General Considerations - Granting/Denying DC Requests

Client interests are paramount when granting extensions.
Timely resolution is vital.
Opposing counsel's ability to grant reciprocal extensions must also be considered.
Time needed for a task, along with other relevant factors.
Assess need, time and opposing counsel's flexibility.

Incidental Automatic Extensions

The last day to perform an action that falls on a weekend or holiday moves to the next non-weekend/non-holiday day.

Sat/Sun/Holiday

The last day to meet specified conditions (especially in discovery) is extended to the next court day that is not a Saturday, Sunday, or holiday.

California Code

Holidays, including Thanksgiving, are specified, as are exceptions as to when a day that corresponds to a holiday is considered an actual holiday.

Federal Holidays

List of federal holidays.

Mode of Service & Automatic Extensions

Timeframes for responding to documents differ based on service method (mail, fax, email, etc.) .

Questions

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Description

Test your knowledge of legal discovery procedures, including the stipulation process and modifications allowable under Section 2016.030. This quiz covers key concepts like written agreements, acceptable methods of discovery, and the role of court orders. Perfect for law students and legal professionals looking to brush up on their understanding of discovery regulations.