Crucial Exams

Multistate Bar Examination Practice Question

During discovery in a federal civil action, the plaintiff asks the defendant to produce specific electronically stored information (ESI). The information was also required to be identified in the defendant's initial disclosures under Federal Rule of Civil Procedure 26(a)(1). The defendant neither listed the ESI in its initial disclosures nor produced it in response to the plaintiff's Rule 34 request, and it offers no justification. The plaintiff moves for sanctions. Under the Federal Rules of Civil Procedure, what sanction is imposed by default-unless the failure was substantially justified or harmless?

  • Ordering the parties to attend a settlement conference.

  • Precluding the defendant from using the undisclosed electronically stored information at trial.

  • Dismissing the defendant's pleadings with prejudice.

  • Awarding the plaintiff attorney's fees incurred because of the non-compliance, without further sanction.

Multistate Bar Examination
Civil Procedure
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