Legal Support Evidence and Discovery 1 — Questions and Answers
Question 1: What is the formal pretrial process in which parties obtain evidence from each other and from third parties?
- Arbitration
- Discovery (Correct answer)
- Voir dire
- Subrogation
Correct answer: Discovery
Discovery is the pretrial phase in which each party can obtain evidence from the opposing party and witnesses to prepare for trial.
Question 2: Which form of discovery consists of written questions that must be answered in writing under oath by the opposing party?
- Depositions
- Requests for Admission
- Interrogatories (Correct answer)
- Requests for Production
Correct answer: Interrogatories
Interrogatories are written questions served on a party who must respond in writing under oath within the time allowed by court rules.
Question 3: What is a deposition?
- A written statement filed with the court clerk
- Oral testimony taken under oath outside of court and recorded by a court reporter (Correct answer)
- A formal request to produce physical evidence
- A court-ordered hearing to present new evidence
Correct answer: Oral testimony taken under oath outside of court and recorded by a court reporter
A deposition is sworn oral testimony given by a witness (deponent) outside of court, recorded by a court reporter, and usable at trial.
Question 4: What legal document compels a witness to appear and give testimony at a deposition or trial?
- Summons
- Complaint
- Subpoena (Correct answer)
- Writ of execution
Correct answer: Subpoena
A subpoena is a court-issued order that compels a person to appear and testify; failure to comply can result in contempt of court.
Question 5: Which Federal Rule of Civil Procedure primarily governs the general provisions for discovery in federal civil cases?
- Rule 11
- Rule 26 (Correct answer)
- Rule 56
- Rule 8
Correct answer: Rule 26
FRCP Rule 26 sets out the general framework for discovery, including the duty to disclose and the scope of permissible discovery.
Question 6: What type of evidence is based on inference from other facts rather than on direct personal observation?
- Testimonial evidence
- Documentary evidence
- Circumstantial evidence (Correct answer)
- Real evidence
Correct answer: Circumstantial evidence
Circumstantial evidence requires the fact-finder to draw an inference connecting the evidence to a conclusion, unlike direct evidence which directly proves a fact.
Question 7: What is a Request for Admission in civil litigation?
- A motion asking the court to allow a new expert witness
- A written request asking the opposing party to admit or deny specific statements of fact (Correct answer)
- A formal application to join a pending lawsuit as a party
- A request for the judge to admit certain evidence at trial
Correct answer: A written request asking the opposing party to admit or deny specific statements of fact
A Request for Admission asks the opposing party to admit or deny specific facts, which narrows the issues that must be proven at trial.
Legal Support Evidence and Discovery 1
What is the formal pretrial process in which parties obtain evidence from each other and from third parties?