Discovery Scope
The threshold requirement that information must relate to a claim or defense to be discoverable.
What is relevancy?
This discovery tool allows a party to require another party to answer written questions under oath.
What are interrogatories?
This process allows attorneys to question potential jurors to assess bias and impartiality.
What is voir dire?
This motion allows a court to resolve a case before trial when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
What is summary judgment?
Motion seeking a redo of the trial due to error, unfairness, or prejudicial conduct.
What is a motion for a new trial?
This doctrine protects materials prepared by attorneys in anticipation of litigation, including strategy and mental impressions.
What is the work product doctrine?
This discovery method permits a party to obtain documents, electronically stored information, or tangible items from another party.
What is a request for production?
This type of challenge allows a party to remove a juror without stating a reason, subject to limited constraints.
What is a peremptory challenge?
These are typically permitted during cross-examination and suggest the desired answer, often used to control the testimony of an opposing witness.
What are leading questions?
This motion seeks to set aside a final judgment based on specific grounds, such as newly discovered evidence, after 10 days, and must be brought within one year for certain reasons.
What is relief from judgment?
When discovery disputes become complex or document review requires ongoing supervision, the court may appoint this neutral officer to oversee compliance and manage the process.
What is a Special Master?
If a party fails to timely respond to this discovery device, the matters are deemed admitted and may support summary judgment.
What are requests for admission?
This stage of trial allows counsel to argue the evidence to the jury, but improper appeals to bias or prejudice may justify a new trial.
What is a closing argument?
This type of judgment may be entered when a defendant fails to respond to a complaint within the required time, allowing the plaintiff to obtain relief without trial.
What is default judgment?
This post-verdict motion challenges the legal sufficiency of the evidence but may be made only if the party first moved for judgment as a matter of law during trial.
What is renewed judgment as a matter of law?
This protection applies to confidential communications between attorney and client made for the purpose of legal advice.
What is attorney-client privilege?
This discovery process involves sworn, out-of-court oral testimony recorded for later use at trial or for impeachment.
What is a deposition?
This form of relief may be granted when improper arguments or conduct create unfair prejudice affecting the jury’s verdict.
What is a new trial?
This motion may be made during trial when a party argues that no reasonable jury could find for the opposing party based on the evidence presented.
What is judgment as a matter of law?
Reduction of an excessive jury damages award, typically conditioned on avoiding a new trial.
What is Remittitur?
A key limiting principle that restricts discovery when requests are excessive relative to the needs and scope of the case.
What is proportionality?
This discovery device is used to compel a nonparty to produce documents or tangible evidence.
What is a subpoena duces tecum?
This type of verdict combines a general decision with written questions to test the jury’s reasoning.
What is a general verdict with interrogatories?
A party asks a court to determine legal rights before any violation or enforcement action occurs.
What is a declaratory judgment?
his doctrine bars a second lawsuit between the same parties when a final judgment has already resolved all claims arising from the same transaction.
What is res judicata?