Civil Litigation & Trial Preparation Flashcards
7 cards from real ACP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Civil Litigation & Trial Preparation flashcards as text
A subpoena duces tecum commands a witness to:
Answer: Produce documents, records, or tangible items
A subpoena duces tecum (literally 'bring with you') compels a non-party to produce specified documents, records, or other tangible evidence.
When a party fails to respond to requests for admission within the time allowed, the matters are deemed:
Answer: Admitted
Under FRCP Rule 36(a)(3), if a party does not respond to requests for admission within 30 days, each matter is automatically deemed admitted.
The Erie doctrine, arising from Erie Railroad Co. v. Tompkins, requires federal courts sitting in diversity to apply:
Answer: The substantive law of the state in which the court sits
The Erie doctrine holds that federal courts must apply the substantive law of the forum state in diversity cases, while applying federal procedural rules.
A paralegal preparing a trial notebook should typically organize it in what order?
Answer: By the order in which materials will be used during trial
A trial notebook is most effective when organized in the order materials will be needed during trial, including jury selection, opening, witnesses, exhibits, and closing.
Which discovery tool is limited to parties and cannot be served on non-party witnesses?
Answer: Request for production of documents
Requests for production of documents under FRCP Rule 34 can only be served on parties to the lawsuit; non-parties must be compelled to produce documents via subpoena.
The standard for granting summary judgment under FRCP Rule 56 is that there is:
Answer: No genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law
Summary judgment is proper when there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law, per FRCP Rule 56(a).
An expert witness retained solely for litigation consultation, whose opinions will not be presented at trial, is generally:
Answer: Protected from discovery as a consulting expert under work product doctrine
Non-testifying consulting experts are generally protected from discovery under FRCP Rule 26(b)(4)(D) absent exceptional circumstances, distinguishing them from testifying experts.