Litigation and Court Procedures Flashcards

What is the first formal step in filing a personal injury lawsuit?

Answer: Filing a complaint in the appropriate court

A lawsuit begins when the plaintiff files a complaint outlining the facts, legal theories, and damages sought, which is then served on the defendant.

What is discovery in the litigation process?

Answer: The pre-trial exchange of information and evidence between parties through depositions, interrogatories, and document requests

Discovery allows both sides to gather facts, evidence, and witness information before trial to avoid surprise and facilitate informed settlement discussions.

What is a deposition in a personal injury case?

Answer: Out-of-court sworn testimony recorded by a court reporter, used for discovery and potentially at trial

Depositions allow attorneys to question witnesses under oath before trial, preserving testimony and revealing what witnesses will say.

What is a motion for summary judgment in an accident case?

Answer: A request asking the court to rule in one party's favor because there are no genuine disputes of material fact requiring a trial

Summary judgment is granted when the undisputed evidence shows one party is entitled to win as a matter of law, eliminating the need for a jury trial.

What is voir dire in a personal injury trial?

Answer: The jury selection process where attorneys question potential jurors to identify bias

Voir dire is the process of questioning prospective jurors to screen for bias and select an impartial jury.

What is an expert witness and why are they used in accident cases?

Answer: A person with specialized knowledge who provides opinion testimony to help the jury understand complex issues

Expert witnesses such as accident reconstructionists, medical doctors, and economists provide specialized opinions on issues beyond everyday knowledge.