Legal Terms Chapter 5 - Methods of Discovery

Question 1

Stipulation

Answer 1

An agreement between the parties to an action regulating any matter relative to the proceedings.

Question 2

Stipulate

Answer 2

Agree.

Question 3

Discovery

Answer 3

Ways that have been established allowing each party to obtain information from the other party and from witnesses about the case before going to trial.

Question 4

Bill of particulars

Answer 4

A written statement about the particulars of a complaint, showing the details of the amount owed.

Question 5

Demand for bill of particulars

Answer 5

A pleading calling for details of a claim or the separate items of an account.

Question 6

Sale

Answer 6

The passing of a title from the seller to the buyer for a price.

Question 7

Verification

Answer 7

A written statement or declaration given under penalty of perjury, often placed at the end of a document such as a pleading, that the underlying document is true.

Question 8

Perjury

Answer 8

The giving of false testimony under oath.

Question 9

Party to a suit

Answer 9

Any plaintiff and any defendant.

Question 10

Interrogatories

Answer 10

Written questions from any party to any other party in a suit.

Question 11

Deposition

Answer 11

The transcribed testimony of a witness given under oath, but not in open court.

Question 12

Deponent

Answer 12

The witness who gives testimony under oath.

Question 13

Deposition on oral examination

Answer 13

A deposition in which lawyers orally examine and cross-examine a witness; permission of the court is not required for this deposition.

Question 14

Subpoena

Answer 14

An order commanding a person to appear and/or produce documents.

Question 15

Subpoena ad testificandum

Answer 15

A type of subpoena used to compel a person to testify in court.

Question 16

Subpoena duces tecum

Answer 16

An order commanding a person to appear and bring certain papers or other materials that are pertinent to a legal action.

Question 17

Notary public

Answer 17

A person authorized to administer oaths.

Question 18

Verbatim

Answer 18

Word for word.

Question 19

Deposition of written questions

Answer 19

A deposition in which lawyers examine and cross-examine a witness who has received, in advance, written questions to be answered.

Question 20

Cross-questions

Answer 20

Questions asked by a deponent in response to questions asked at a deposition.

Question 21

Redirect questions

Answer 21

Further questions asked by an examiner at a deposition in response to cross-examine questions.

Question 22

Recross-questions

Answer 22

Further questions asked of a witness in response to redirect questions.

Question 23

Impeach

Answer 23

Call into question or cast doubt on.

Question 24

Motion for order compelling discovery

Answer 24

A motion asking the court to order the other party to produce certain writings, photographs, or other requested items.

Question 25

E-discovery

Answer 25

Obtaining electronic communications or other information electronically for the purposes of trial preparation.

Question 26

Electronically stored information (ESI)

Answer 26

Information created, manipulated, communicated, and stored by computer.

Question 27

Metadata

Answer 27

Data or other information on a computer which is about the structure of the computer or the contents of its files, and which is akin to an electronic fingerprint.

Question 28

Safe harbor provision

Answer 28

Protection of a party from discovery sanctions when a party cannot produce electronically stored information (ESI) because it was lost through the routine good-faith operation of an electronic information system.

Question 29

Discovery sanctions

Answer 29

Court-ordered penalties for failing to produce evidence.

Question 30

Attorney-client privilege

Answer 30

The privilege related to the duty of confidentiality that an attorney has with a client, but coming from evidence law; protects a lawyer from having to testify against his or her client even when issued a subpoena.

Question 31

Rebuttal

Answer 31

The introduction of evidence that will destroy the effect of the evidence introduced by the other side.

Question 32

Permission to enter on land

Answer 32

Any party may serve on any other party a request to permit entry on land or any other property in the possession or control of the party whom the request is served; inspect, measure, survey, photograph, test, or sample the property.

Question 33

Physical and mental examinations

Answer 33

When the physical or mental condition of a party is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination.

Question 34

Request for admission

Answer 34

A party may serve on any other party a request for admission of the truth of any matter which is relevant to the case.