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Paralegal Course > Discovery > Flashcards

Flashcards in Discovery Deck (24):
1

What is Discovery?

It is a detailed pretrial procedure that both parties engage in to learn facts of the case, as well as witnesses that will be called, from the other paty.

2

What does Discovery do?

prevents surprise, allows for thorough prep for trial, saves court time, and promotes settlement.

3

What are the major forms of discovery?

1. Deposition
2. Request for Disclosures
3. Interrogatories
4. Request for Production
5. Request for Admissions
6. Physical and Mental Exams

4

Depositions are_____________________________________________.

oral testimony given, under oath, by a party or witness prior to trial. The person testifying is called the deponent.

5

The deponent in a deposition is _________________.

the person testifying.

6

The person testifying in a deposition is called the ___________.

deponent

7

The deposition of a witness can be given voluntarily or _____________________________.

pursuant to a subpoena (court order).

8

The deponent can be required to bring _______________ to the deposition.

documents

9

Depositions are used to __________________(especially if the deponent is ill) and to ___________________________________.

preserve evidence
impeach witnesses at trial

10

DURING THE DEPO

-Most of the time, depos are taken at one of the attorney's offices
-testimony is recorded in written form by a court reporter
-depos can be videotaped
-the deponent has a chance to correct answer prior to the signing

11

REQUESTS FOR DISCLOSURE

-Twelve standardized questions
-In the Rules
-Ask them all
-Not objectionable

12

INTERROGATORIES

-Interrogatories are written questions submitted by one party to another party
-They must be answered within a specific number of days
-An attorney (and/or paralegal)usually helps with the prep of the answers
-The answers are signed under oath

13

LIMITS ON ROGS

Each side is allowed to propound one set on interrogatories, requesting a maximum of 25 answers
propound-write interrogatories
-The rule refers to answers and not questions in order to prevent the other side from issuing 25 questions with multiple subparts, which might require far more than 25 answers

14

REQUESTS FOR PRODUCTION

-Parties may request that the other party produce all relevant documents
-If the documents sought are too voluminous to be moved or are in permanent storage, or if moving the docs would disrupt the ongoing business of a party who is producing them, the requesting party may have to examine them at the other party's premises

15

REQUESTS FOR ADMISSIONS

-These are statements that the other side is then asked to admit or deny.
-These are statements - not questions.
-The penalty for not answering RFAs is that the statements are "deemed admitted"
-Try to "undo" deemed admissions - you must file a Motion to Strike Deemed Admissions

16

Statements that the other side is then asked to admit or deny.

Requests for Admissions

17

Motion to Strike Deemed Admissions

try to undo deemed admissions

18

Penalty for not answering RFA's

statements are "deemed admitted"

19

RFA

Request for Admissions

20

PHYSICAL AND MENTAL EXAM

In cases that concern the physical or mental condition of a party, a court can order the party to submit to certain physical or mental exams to determine the extent of the alleged injuries.

21

RULES

-ALWAYS check the Rules and Commentaries when doing discovery -whether you are propounding or answering

22

Always check _____________- when doing discovery - whether you are propounding or answering.

Rules and the Commentaries

23

RULE 11 AGREEMENTS

-Agreements between opposing counsels
-Often deal with discovery extensions
-History
-If you work in a firm that does litigation, you will do a lot of these

24

BATES

-Stamping, Labeling, Numbering
-Copier Feature
-Adobe Feature