Evidence and Discovery Flashcards

What is the formal pretrial process in which parties obtain evidence from each other and from third parties?

Answer: Discovery

Discovery is the pretrial phase in which each party can obtain evidence from the opposing party and witnesses to prepare for trial.

Which form of discovery consists of written questions that must be answered in writing under oath by the opposing party?

Answer: Interrogatories

Interrogatories are written questions served on a party who must respond in writing under oath within the time allowed by court rules.

What is a deposition?

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.

What legal document compels a witness to appear and give testimony at a deposition or trial?

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.

Which Federal Rule of Civil Procedure primarily governs the general provisions for discovery in federal civil cases?

Answer: Rule 26

FRCP Rule 26 sets out the general framework for discovery, including the duty to disclose and the scope of permissible discovery.

What type of evidence is based on inference from other facts rather than on direct personal observation?

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.

What is a Request for Admission in civil litigation?

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.