ALP Civil Litigation & Trial Support 2 — Questions and Answers
Question 1: What is a 'deposition' in civil litigation?
- A written statement submitted directly to the court
- Sworn out-of-court oral testimony recorded for use in litigation (Correct answer)
- A motion requesting exclusion of certain evidence
- A court order compelling production of documents
Correct answer: Sworn out-of-court oral testimony recorded for use in litigation
A deposition is oral testimony given under oath outside of court, typically before trial, where attorneys question witnesses and a court reporter transcribes the testimony.
Question 2: What are 'interrogatories' in civil discovery?
- Oral questions asked of a witness during a deposition
- Written questions submitted to the opposing party that must be answered under oath (Correct answer)
- Questions posed by the judge to witnesses during trial
- Questions submitted by a jury to the court during deliberations
Correct answer: Written questions submitted to the opposing party that must be answered under oath
Interrogatories are written discovery questions submitted to an opposing party that must be answered in writing and under oath within a specified time period.
Question 3: What is a 'request for production of documents' (RFP) in civil discovery?
- A court order requiring a non-party witness to appear at trial
- A discovery tool requesting a party to produce specified documents or electronically stored information (Correct answer)
- A motion to admit documents into evidence at trial
- A subpoena directed to a third-party record custodian
Correct answer: A discovery tool requesting a party to produce specified documents or electronically stored information
A request for production of documents is a discovery device asking the opposing party to provide documents, electronically stored information, or tangible items relevant to the litigation.
Question 4: What is a 'request for admissions' in civil litigation?
- A motion asking the court to admit new evidence mid-trial
- A written request asking the opposing party to admit or deny specific factual statements (Correct answer)
- A petition to add a new party to the existing lawsuit
- A formal request for access to sealed court records
Correct answer: A written request asking the opposing party to admit or deny specific factual statements
A request for admissions asks the opposing party to admit or deny specific factual statements, narrowing the issues in dispute and simplifying trial preparation.
Question 5: What does 'attorney-client privilege' protect in the discovery context?
- An attorney's right to refuse all deposition questions
- Confidential communications between an attorney and their client from compelled disclosure (Correct answer)
- An attorney's exemption from paying court filing fees
- The right to have all documents screened by a judge before production
Correct answer: Confidential communications between an attorney and their client from compelled disclosure
Attorney-client privilege protects confidential communications between an attorney and their client from being disclosed in discovery or court proceedings, encouraging candid legal consultation.
Question 6: What is a 'motion to compel' in civil litigation?
- A motion asking the court to order the opposing party to comply with discovery obligations (Correct answer)
- A motion forcing a witness to provide trial testimony
- A motion compelling the judge to rule on a long-pending motion
- A request to consolidate multiple related lawsuits into one proceeding
Correct answer: A motion asking the court to order the opposing party to comply with discovery obligations
A motion to compel is filed when a party fails to adequately respond to discovery requests, asking the court to order the non-complying party to fulfill its discovery obligations.
Question 7: What is 'electronic discovery' (e-discovery)?
- The process of finding errors in electronic court filings
- The identification, collection, review, and production of electronically stored information in litigation (Correct answer)
- A digital portal used for filing court documents electronically
- Using electronic surveillance to monitor the opposing party
Correct answer: The identification, collection, review, and production of electronically stored information in litigation
E-discovery refers to the process of identifying, collecting, reviewing, and producing electronically stored information (ESI)—such as emails, databases, and digital files—in litigation.
ALP Civil Litigation & Trial Support 2
What is a 'deposition' in civil litigation?