Evidence and Discovery Flashcards
7 cards from real Legal Support practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Evidence and Discovery flashcards as text
What is a 'subpoena duces tecum'?
Answer: A command requiring a person or entity to produce specified documents, records, or other tangible evidence
A subpoena duces tecum compels a person to produce documents or other tangible items; it is commonly used to obtain records from non-parties such as banks or hospitals.
Under the Federal Rules of Civil Procedure, how many days does a party generally have to respond to interrogatories?
Answer: 30 days
FRCP Rule 33 requires that interrogatory responses be served within 30 days after service, unless the court orders a different time.
What is the 'best evidence rule' in evidence law?
Answer: The principle that to prove the content of a document, the original document must be produced unless an exception applies
The best evidence rule (FRE 1002) requires the original of a writing, recording, or photograph to prove its content, though duplicates and other substitutes are allowed under specific conditions.
Under the Federal Rules of Evidence, 'hearsay' is defined as:
Answer: A statement other than one made by the declarant while testifying, offered to prove the truth of the matter asserted
FRE 801 defines hearsay as an out-of-court statement offered to prove the truth of the matter it asserts; such statements are generally inadmissible unless an exception applies.
What is a 'motion in limine'?
Answer: A pretrial motion asking the court to rule on the admissibility of specific evidence before it is offered at trial
A motion in limine is filed before trial to obtain a ruling that certain evidence is inadmissible, preventing the jury from being exposed to prejudicial or improper evidence.
What is 'spoliation' of evidence?
Answer: The intentional or negligent destruction, alteration, concealment, or failure to preserve evidence relevant to pending or reasonably anticipated litigation
Spoliation occurs when a party fails to preserve evidence it had a duty to retain; courts may impose sanctions including adverse inference instructions against the spoliating party.
What is a 'litigation hold' (also called a 'legal hold')?
Answer: A directive issued to preserve all documents, data, and other evidence potentially relevant to anticipated or pending litigation
A litigation hold suspends routine document deletion and requires relevant custodians to preserve all potentially relevant information once litigation is reasonably anticipated.