2. The defendant is likely to succeed in obtaining a protective order on which of the following grounds?

During discovery in a federal court case, various kinds of disclosures are automatic and mandatory. The most important mandatory disclosure is the «initial disclosure.» Federal Rule of Civil Procedure (FRCP) 26(a)(1) states a party must provide certain information early in the case, without awaiting a discovery request. This information includes the identities of witnesses, documents and tangible things a party plans to use, information about damages, and any insurance policies that may apply to the judgment.

FRCP 26(a)(1) disclosures should occur very early in the case. These initial disclosures must ordinarily be made no more than 14 days after the parties hold the required FRCP 16 pretrial conference. This pretrial conference will normally occur within 90 days of the defendant making a FRCP 12 motion or answering the plaintiff's complaint.

FRCP 33 authorizes parties to serve each other interrogatories. An interrogatory is a set of written questions to be answered in writing by the person to whom they are addressed. Each party is limited to 25 questions directed to any other party, unless the parties stipulate otherwise.

C is correct. As soon as practicable, the parties must meet in an initial conference of the parties to discuss claims and defenses, settlement possibilities, initial disclosures, and discovery plans. Within 14 days of this meeting, parties must submit their initial disclosures and proposed discovery plan. A party may not seek discovery from any source before the parties have conferred for their initial conference. In this case, the attorney served the interrogatories with the summons and the complaint. The defendant may object to the interrogatories because they were served before the initial preconference and discussion of discovery.

A is incorrect. The party served must respond to an interrogatory not only with known facts but also with any facts available. The served party may also be asked to give opinions or contentions, even on the application of law to facts. This does not make an interrogatory objectionable. However, the court may order that the interrogatory need not be answered until further discovery is completed.

B is incorrect. Discovery may not be sought before the initial conference of the parties. There is no rule that discovery cannot be sought until after the answer is filed.

D is incorrect. Initially, the requesting party may not serve more than 25 interrogatories without a court order or stipulation. In this case, the plaintiff's attorney served 25 interrogatories, but not more than 25. Therefore, the plaintiff's attorney did not exceed the number of interrogatories permitted without the court's permission.