ACFE CFE - Law (Certified Fraud Examiner - Law) Practice Test 66

Question 650

Counsel serves a federal civil subpoena compelling an ordinary nonparty witness to attend a deposition hundreds of miles from where that person lives, works or regularly transacts business. Which Rule 45 protection needs review?

  1. Compelling the judge rather than the witness to provide the subpoenaed facts
  2. Unlimited worldwide compulsory attendance under Rule 45
  3. Treating service as waiver of the nonparty witness's privileges
  4. Geographic limits on the required place of compliance

Explanation

Correct Answer

D:

Rule 45 restricts where attendance may be compelled, with specified exceptions; a distant deposition may exceed the nonparty's permitted place of compliance.

Incorrect Answers

A:

A subpoena may require a qualifying person to give testimony or records, but the court's role is to regulate compliance, not substitute itself as the fact witness.

B:

Federal Rule 45 includes geographic and burden limitations; a party cannot require an ordinary nonparty to travel arbitrarily far for a deposition simply by serving paper.

C:

Receiving compulsory process does not erase privilege or undue-burden protections; a witness may assert valid objections within governing procedural deadlines.

Question 651

The defendant asks the plaintiff to identify the amount and basis for each damages category in early discovery. Which disclosure may be relevant?

  1. Initial damages computation disclosure
  2. Request for production
  3. Rule 26(f) discovery conference
  4. Rule 45 subpoena for nonparty evidence

Explanation

Correct Answer

A:

Federal Rule 26(a)(1) includes specified initial disclosures about damages computations and supporting material, subject to exemptions and case rules.

Incorrect Answers

B:

Under Federal Rule of Civil Procedure 34, a party can request relevant documents, electronically stored information or tangible items within procedural limits; the circumstances point to Initial damages computation disclosure rather than that separate test.

C:

The parties generally confer about discovery, ESI and privilege issues and propose a plan for proportionate case management; initial damages computation disclosure is the issue raised by the described conduct.

D:

Nonparty records or testimony can be compelled through properly issued and served process subject to privilege, geography and undue-burden safeguards; the inquiry instead concerns Initial damages computation disclosure, with its own elements.

Question 652

The parties exchange a plan for preserving and producing electronically stored information at the start of federal litigation. Which planning step fits?

  1. Request for production
  2. Rule 45 subpoena for nonparty evidence
  3. Rule 26(f) discovery conference
  4. Initial damages computation disclosure

Explanation

Correct Answer

C:

The parties generally confer about discovery, ESI and privilege issues and propose a plan for proportionate case management.

Incorrect Answers

A:

Under Federal Rule of Civil Procedure 34, a party can request relevant documents, electronically stored information or tangible items within procedural limits; here the operative distinction is Rule 26(f) discovery conference.

B:

Nonparty records or testimony can be compelled through properly issued and served process subject to privilege, geography and undue-burden safeguards; those prerequisites should not be confused with Rule 26(f) discovery conference.

D:

Federal Rule 26(a)(1) includes specified initial disclosures about damages computations and supporting material, subject to exemptions and case rules; rule 26(f) discovery conference addresses the distinct legal requirement stated in the facts.

Question 653

A party fails to produce ordered documents and faces court-directed remedies for noncompliance. Which civil rule may apply?

  1. Trigger of preservation duty
  2. Rule 37(e) intent threshold
  3. Rule 37 discovery sanctions
  4. Need and proportionality

Explanation

Correct Answer

C:

Rule 37 provides mechanisms for addressing specified discovery failures, including sanctions, with required findings and procedural safeguards.

Incorrect Answers

A:

ESI remedies depend partly on whether the information should have been preserved in anticipation or conduct of litigation under applicable law; that concept must be distinguished from Rule 37 discovery sanctions here.

B:

Severe specified measures for missing ESI require a finding of intent to deprive, while lesser curative measures have different prerequisites; the circumstances point to Rule 37 discovery sanctions rather than that separate test.

D:

Discovery is constrained by case relevance and proportionality; confidentiality can warrant protective measures rather than indiscriminate disclosure; rule 37 discovery sanctions is the issue raised by the described conduct.

Question 654

A party loses electronic records through negligence before any preservation duty reasonably arose. Which qualification matters?

  1. Rule 37(e) intent threshold
  2. Need and proportionality
  3. Trigger of preservation duty
  4. Rule 37 discovery sanctions
  5. Rule 26 expert disclosures

Explanation

Correct Answer

C:

ESI remedies depend partly on whether the information should have been preserved in anticipation or conduct of litigation under applicable law.

Incorrect Answers

A:

Severe specified measures for missing ESI require a finding of intent to deprive, while lesser curative measures have different prerequisites; the relevant step in this scenario is Trigger of preservation duty.

B:

Discovery is constrained by case relevance and proportionality; confidentiality can warrant protective measures rather than indiscriminate disclosure; here the operative distinction is Trigger of preservation duty.

D:

Rule 37 provides mechanisms for addressing specified discovery failures, including sanctions, with required findings and procedural safeguards; those prerequisites should not be confused with Trigger of preservation duty.

E:

Retained-expert reports and other required expert information must be disclosed on schedule, subject to permissible supplementation and judicial remedies; trigger of preservation duty addresses the distinct legal requirement stated in the facts.

Question 655

A court considers severe sanctions for lost ESI, but finds no intent to deprive another party of its use. Which limitation matters?

  1. Rule 37 discovery sanctions
  2. Rule 37(e) intent threshold
  3. Trigger of preservation duty
  4. Need and proportionality

Explanation

Correct Answer

B:

Severe specified measures for missing ESI require a finding of intent to deprive, while lesser curative measures have different prerequisites.

Incorrect Answers

A:

Rule 37 provides mechanisms for addressing specified discovery failures, including sanctions, with required findings and procedural safeguards; rule 37(e) intent threshold raises a different threshold from this alternative.

C:

ESI remedies depend partly on whether the information should have been preserved in anticipation or conduct of litigation under applicable law; that concept must be distinguished from Rule 37(e) intent threshold here.

D:

Discovery is constrained by case relevance and proportionality; confidentiality can warrant protective measures rather than indiscriminate disclosure; the circumstances point to Rule 37(e) intent threshold rather than that separate test.

Question 656

A litigant asks for discovery of irrelevant confidential tax returns without considering narrower evidence. Which principle restrains the request?

  1. Need and proportionality
  2. Trigger of preservation duty
  3. Rule 37(e) intent threshold
  4. Rule 37 discovery sanctions

Explanation

Correct Answer

A:

Discovery is constrained by case relevance and proportionality; confidentiality can warrant protective measures rather than indiscriminate disclosure.

Incorrect Answers

B:

ESI remedies depend partly on whether the information should have been preserved in anticipation or conduct of litigation under applicable law; the inquiry instead concerns Need and proportionality, with its own elements.

C:

Severe specified measures for missing ESI require a finding of intent to deprive, while lesser curative measures have different prerequisites; the relevant step in this scenario is Need and proportionality.

D:

Rule 37 provides mechanisms for addressing specified discovery failures, including sanctions, with required findings and procedural safeguards; here the operative distinction is Need and proportionality.

Question 657

An expert report contains opinions and methods that were not disclosed by a court-imposed deadline. Which civil rule is implicated?

  1. Confidentiality protective order
  2. Privilege log and screening
  3. Rule 26 expert disclosures
  4. Ex parte temporary restraining order
  5. Rule 26(e) supplementation

Explanation

Correct Answer

C:

Retained-expert reports and other required expert information must be disclosed on schedule, subject to permissible supplementation and judicial remedies.

Incorrect Answers

A:

A court may limit distribution, use or access to discovery material for good cause, balancing legitimate evidentiary and privacy interests; rule 26 expert disclosures addresses the distinct legal requirement stated in the facts.

B:

A defensible privilege review and required description of withheld material can preserve lawful protections while allowing opponents to assess objections; rule 26 expert disclosures raises a different threshold from this alternative.

D:

Rule 65 imposes special requirements for orders granted without notice, including immediate injury and certification-related conditions; that concept must be distinguished from Rule 26 expert disclosures here.

E:

A party generally must timely supplement materially incomplete or incorrect discovery responses when the information has not otherwise been made known; the circumstances point to Rule 26 expert disclosures rather than that separate test.

Question 658

A party discovers a material error in an earlier discovery answer after new bank records arrive. Which obligation applies?

  1. Rule 26 expert disclosures
  2. Confidentiality protective order
  3. Rule 26(e) supplementation
  4. Privilege log and screening

Explanation

Correct Answer

C:

A party generally must timely supplement materially incomplete or incorrect discovery responses when the information has not otherwise been made known.

Incorrect Answers

A:

Retained-expert reports and other required expert information must be disclosed on schedule, subject to permissible supplementation and judicial remedies; rule 26(e) supplementation is the issue raised by the described conduct.

B:

A court may limit distribution, use or access to discovery material for good cause, balancing legitimate evidentiary and privacy interests; the inquiry instead concerns Rule 26(e) supplementation, with its own elements.

D:

A defensible privilege review and required description of withheld material can preserve lawful protections while allowing opponents to assess objections; the relevant step in this scenario is Rule 26(e) supplementation.

Question 659

In civil discovery, a competitor needs to review sensitive cost formulas, but the producing party fears disclosure to the competitor's business employees. Which tailored order may restrict review more narrowly than ordinary confidential designation?

  1. A rule that corporate counsel may freely disclose any protected information to sales staff
  2. Attorneys'-eyes-only treatment where justified by particularized competitive harm
  3. Making confidentiality classifications unreviewable once a party labels documents
  4. An automatic order refusing all relevant discovery

Explanation

Correct Answer

B:

An appropriately supported attorneys'-eyes-only provision can limit access to highly sensitive material while permitting legal evaluation; courts assess necessity and fairness.

Incorrect Answers

A:

An eyes-only order is meant to restrict competitive use and employee access, not expand internal distribution.

C:

Protective orders and attorneys'-eyes-only limits remain subject to judicial modification or challenge; unilateral designations are not final adjudications of secrecy interests.

D:

Trade-secret sensitivity can justify tailored controls, not necessarily the total denial of proportional discovery.

Question 660

An investigator identifies attorney advice intermingled with production data and wants to prevent unnecessary waiver. Which planning technique helps?

  1. Rule 26 expert disclosures
  2. Confidentiality protective order
  3. Privilege log and screening
  4. Rule 26(e) supplementation
  5. Ex parte temporary restraining order

Explanation

Correct Answer

C:

A defensible privilege review and required description of withheld material can preserve lawful protections while allowing opponents to assess objections.

Incorrect Answers

A:

Retained-expert reports and other required expert information must be disclosed on schedule, subject to permissible supplementation and judicial remedies; the circumstances point to Privilege log and screening rather than that separate test.

B:

A court may limit distribution, use or access to discovery material for good cause, balancing legitimate evidentiary and privacy interests; privilege log and screening is the issue raised by the described conduct.

D:

A party generally must timely supplement materially incomplete or incorrect discovery responses when the information has not otherwise been made known; the inquiry instead concerns Privilege log and screening, with its own elements.

E:

Rule 65 imposes special requirements for orders granted without notice, including immediate injury and certification-related conditions; the relevant step in this scenario is Privilege log and screening.

Certified Fraud Examiner - Law (CFE - Law) Practice Tests