Civil Procedure Multistate Bar Practice Exam

What action must a party take if new facts emerge that make a previous discovery response incomplete or incorrect?

1. File a new complaint

2. Supplement the response to discovery

3. Ignore the new facts

4. Request an extension of time

The correct answer is: Supplement the response to discovery

When new facts emerge that render a previous discovery response incomplete or incorrect, the appropriate action is to supplement the response to discovery. The rules governing civil procedure typically mandate that parties have an ongoing duty to update and correct their discovery responses as new information comes to light. This ensures that the discovery process remains fair and that all parties have access to accurate information that is relevant to the case. By supplementing the response, the party acknowledges the new evidence or changes in circumstances, maintains transparency, and complies with legal obligations. This proactive step is important for the integrity of the judicial process, as it prevents surprises at trial and encourages honest communication among parties. Other options would not adequately address the need to keep discovery responses accurate. Filing a new complaint is unnecessary and would not resolve the initial discovery issue. Ignoring new facts could lead to penalties for failure to disclose relevant information. Requesting an extension of time might be helpful in certain contexts but does not directly address the requirement to correct or supplement discovery responses in light of new facts.