Define discovery in civil procedure.
The pre-trial process where parties obtain evidence from each other.
What is the purpose of discovery?
To allow parties to gather relevant information to prepare for trial.
True or false: Depositions are sworn out-of-court testimonies.
TRUE
Depositions are recorded and can be used in court.
Fill in the blank: Interrogatories are _______ questions sent to parties.
Written
What is a request for production?
A formal request to obtain documents or tangible evidence from another party.
Define requests for admission.
Statements sent to another party to admit or deny the truth of facts.
True or false: Discovery is unlimited in scope.
FALSE
Discovery is limited to relevant information that is proportional to the case.
What is the meet and confer requirement?
Parties must discuss discovery issues and attempt to resolve disputes before court intervention.
Fill in the blank: Protective orders limit _______ of discovery.
Disclosure
What is the scope of discovery?
Discovery can include any non-privileged information relevant to the case.
Define privilege in discovery.
A legal right to withhold certain information from discovery due to confidentiality.
True or false: Electronic discovery includes digital evidence.
TRUE
This includes emails, documents, and other digital files.
What is a subpoena?
A legal document ordering a person to testify or produce evidence.
Fill in the blank: Sanctions may be imposed for _______ discovery violations.
Noncompliance
What is the standard for relevance in discovery?
Information must be related to the claims or defenses in the case.
Define discovery disputes.
Conflicts that arise between parties regarding the discovery process.
True or false: Expert witnesses can be deposed during discovery.
TRUE
Expert witnesses provide opinions based on their expertise.
What is a discovery plan?
A document outlining the discovery process and timelines agreed upon by parties.
Fill in the blank: Discovery must be completed by _______.
The deadline set by the court
What is disclosure of expert testimony?
Parties must disclose expert witnesses and their expected testimony before trial.
Define work product doctrine.
A legal principle protecting materials prepared in anticipation of litigation from discovery.
True or false: Discovery can include physical inspections.
TRUE
Parties may inspect property or items relevant to the case.
What is a summary judgment in relation to discovery?
A request to resolve a case without trial based on undisputed facts.
Fill in the blank: Discovery is governed by _______ rules.
Federal