Discovery Flashcards

(26 cards)

1
Q

Define discovery in civil procedure.

A

The pre-trial process where parties obtain evidence from each other.

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2
Q

What is the purpose of discovery?

A

To allow parties to gather relevant information to prepare for trial.

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3
Q

True or false: Depositions are sworn out-of-court testimonies.

A

TRUE

Depositions are recorded and can be used in court.

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4
Q

Fill in the blank: Interrogatories are _______ questions sent to parties.

A

Written

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5
Q

What is a request for production?

A

A formal request to obtain documents or tangible evidence from another party.

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6
Q

Define requests for admission.

A

Statements sent to another party to admit or deny the truth of facts.

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7
Q

True or false: Discovery is unlimited in scope.

A

FALSE

Discovery is limited to relevant information that is proportional to the case.

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8
Q

What is the meet and confer requirement?

A

Parties must discuss discovery issues and attempt to resolve disputes before court intervention.

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9
Q

Fill in the blank: Protective orders limit _______ of discovery.

A

Disclosure

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10
Q

What is the scope of discovery?

A

Discovery can include any non-privileged information relevant to the case.

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11
Q

Define privilege in discovery.

A

A legal right to withhold certain information from discovery due to confidentiality.

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12
Q

True or false: Electronic discovery includes digital evidence.

A

TRUE

This includes emails, documents, and other digital files.

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13
Q

What is a subpoena?

A

A legal document ordering a person to testify or produce evidence.

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14
Q

Fill in the blank: Sanctions may be imposed for _______ discovery violations.

A

Noncompliance

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15
Q

What is the standard for relevance in discovery?

A

Information must be related to the claims or defenses in the case.

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16
Q

Define discovery disputes.

A

Conflicts that arise between parties regarding the discovery process.

17
Q

True or false: Expert witnesses can be deposed during discovery.

A

TRUE

Expert witnesses provide opinions based on their expertise.

18
Q

What is a discovery plan?

A

A document outlining the discovery process and timelines agreed upon by parties.

19
Q

Fill in the blank: Discovery must be completed by _______.

A

The deadline set by the court

20
Q

What is disclosure of expert testimony?

A

Parties must disclose expert witnesses and their expected testimony before trial.

21
Q

Define work product doctrine.

A

A legal principle protecting materials prepared in anticipation of litigation from discovery.

22
Q

True or false: Discovery can include physical inspections.

A

TRUE

Parties may inspect property or items relevant to the case.

23
Q

What is a summary judgment in relation to discovery?

A

A request to resolve a case without trial based on undisputed facts.

24
Q

Fill in the blank: Discovery is governed by _______ rules.

25
What is the **time frame** for completing discovery?
Typically, discovery must be completed within the time set by the court.
26
Define **interrogatories**.
Written questions that one party sends to another to answer under oath.