Crucial Exams

Multistate Bar Examination Practice Question

During a civil litigation proceeding in federal court, Party A requests from Party B all emails related to a specific product that is a key issue in the lawsuit. Party B refuses to provide the emails, claiming that searching for and producing the emails would be overly expensive and burdensome. Party A then files a motion to compel the discovery of the emails. What is the MOST important factor the court will consider in deciding whether to order Party B to produce the emails?

  • Whether the requested emails are protected under attorney-client privilege or another recognized privilege.

  • Whether the requesting party has demonstrated that the emails are essential to proving their case.

  • Whether the requested emails are proportional to the needs of the case, considering factors like the importance of the information and the costs of production.

  • Whether the responding party risks sanctions for failing to cooperate during discovery.

Multistate Bar Examination
Civil Procedure
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