Legal Terms Chapter 5 - Methods of Discovery Flashcards
Stipulation
An agreement between the parties to an action regulating any matter relative to the proceedings.
Stipulate
Agree.
Discovery
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.
Bill of particulars
A written statement about the particulars of a complaint, showing the details of the amount owed.
Demand for bill of particulars
A pleading calling for details of a claim or the separate items of an account.
Sale
The passing of a title from the seller to the buyer for a price.
Verification
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.
Perjury
The giving of false testimony under oath.
Party to a suit
Any plaintiff and any defendant.
Interrogatories
Written questions from any party to any other party in a suit.
Deposition
The transcribed testimony of a witness given under oath, but not in open court.
Deponent
The witness who gives testimony under oath.
Deposition on oral examination
A deposition in which lawyers orally examine and cross-examine a witness; permission of the court is not required for this deposition.
Subpoena
An order commanding a person to appear and/or produce documents.
Subpoena ad testificandum
A type of subpoena used to compel a person to testify in court.
Subpoena duces tecum
An order commanding a person to appear and bring certain papers or other materials that are pertinent to a legal action.
Notary public
A person authorized to administer oaths.
Verbatim
Word for word.
Deposition of written questions
A deposition in which lawyers examine and cross-examine a witness who has received, in advance, written questions to be answered.
Cross-questions
Questions asked by a deponent in response to questions asked at a deposition.
Redirect questions
Further questions asked by an examiner at a deposition in response to cross-examine questions.
Recross-questions
Further questions asked of a witness in response to redirect questions.
Impeach
Call into question or cast doubt on.
Motion for order compelling discovery
A motion asking the court to order the other party to produce certain writings, photographs, or other requested items.
E-discovery
Obtaining electronic communications or other information electronically for the purposes of trial preparation.
Electronically stored information (ESI)
Information created, manipulated, communicated, and stored by computer.
Metadata
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.
Safe harbor provision
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.
Discovery sanctions
Court-ordered penalties for failing to produce evidence.
Attorney-client privilege
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.
Rebuttal
The introduction of evidence that will destroy the effect of the evidence introduced by the other side.
Permission to enter on land
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.
Physical and mental examinations
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.
Request for admission
A party may serve on any other party a request for admission of the truth of any matter which is relevant to the case.
