Discovery
Interrogatories
Requests (Documents, Exams, Admissions)
Trial Alternatives/ Trial/ Post Trial Practice
100
What are three purposes of discovery?
preventing one of the parties from winning the lawsuit by surprise or trickery, determining the truth or the falseness of the alleged facts that form the basis of the suit, examining the facts and weighing the advisability of proceeding with the case or settling early
100
What are three disadvantages of interrogatories?
Lack spontaneity, limited to the parties in a lawsuit, alert the opposition to the direction of the case
100
What is required for a party to withdraw the admission?
Court permission
100
What is a settlement brochure?
Persuasive settlement tool
200
What are two problems with the work-product privilege?
determining what documents actually were prepared in anticipation of litigation, the fact that the work product privilege is not an actual privilege
200
What are three purposes of the definition section of a set of interrogatories?
establish the meaning of often-used words, help conserve space, help shorten questions
200
What is required to make an admission taken as proven?
Nothing, it is proven once it is made
200
What is the maximum page length of the reply brief?
25 pages
300
The final decision to assert the attorney-client privilege remains with the...
client
300
What are three objections to interrogatories?
over broad, irrelevant, unduly burdensome
300
What are responses to a request for admission? (3 things)
admission or denial, refusal to either admit or deny, objection
300
What is a stipulated dismissal with prejudice?
Claim cannot be brought to court again in the future
400
Interrogatories aimed at determining the nature of an opponent's computer system should specify that the term computer includes....
desktop PCs, laptops, PDA's
400
Does a judge require a hearing to grant a motion for a compulsory examination?
No, but it is at the judge's discretion
400
Who can serve a subpoena?
Any person over 18, sheriff's bailiff
500
What is an amicus curiae brief?
Friend of the court brief