How can we help?

You can also find more resources in our Help Center.

27 terms

Litigations

STUDY
PLAY
discovery
laws gives each side the ability to learn about the other side's case 6 tools
interrogatories
written questions that opponent has to answer under oath (party)
request for production/ inspection
requests enables a party to obtain copies of documents, photographs, statements, and similar tangible items from another party (goes together with interrogatories)
requests for inspection allows a party to visit a location in order to make a physical inspection of the premises or some object (party)
deposition
process through which a party or witness is orally questioned under oath (party or nonparty)
independent medical examination (IME)
requires a party to sumit to a physical or mental examination by a physician selected by the other side (party)
request for admissions
written statements prepared by one party that the adverse party must admit or deny (party)
disclosure of experts
requirment where by each party must tell all other parties what expert witnesses they intend to call and what the experts are expercted to say (party)
experts
opinions
fact witnesses
testify what they saw, heard, touched. etc
attorney client privlege
communications between attorney and client
work product rule
items in anticipation of litigations
standard interrogatories
no objection
court permission for additional questions
nonstandard interrgatories
drafted
deponent
the person giving the testimony ( answering the questings)
notice of deposition
the way in which one party can compel the attendance of another party at a deposition
subpoena
an enforceable order directing a person to appear at a trial or deposition (witness)
subpoena duces tecum (bring with)
commands the person to appear at the deposition and commands the person to produce designated books, papers, documents, and tangible objects at the deposition (witness)
motion to modify
a subpoenaed witness who is asked to bring material to a deposition and who believes that the production request is beyond the permissible scope of discovery
motion to quash
subpoenaed witness who believes that it is unreasonable or oppressive to require his or her to testify
capias
court order directed to a proper officer to take a person into custody and bring them before the court (nonparty)
material fact
a fact that would make a difference in the case
motion for summary judgment
facts clean that one party should win
certificate of closed pleadings
cases where there are contested issues and a trial may be nececcary, a certificate of closed pleadings must be filed to get on the list for trials
offer of compromise
prior to trial, any party can make on offer of compromise to the other side formally proposing settlement
judicial pretrials
cases on the trial list are called into court for a meeting where the parties discuss with the judge settlement options
judge
look at facts from points of veiw of non-moving party
closed pleadings
back and forth process that allow a defendant to challenge the plainiff's allegations has come to a conclusion