Evidence and Discovery Flashcards

Under the Federal Rules of Evidence, hearsay is defined as an out-of-court statement offered to prove what?

Answer: The truth of the matter asserted

FRE 801 defines hearsay as an out-of-court statement offered to prove the truth of the matter asserted.

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

Answer: Interrogatories

Interrogatories under FRCP 33 are written questions submitted to the opposing party that must be answered in writing under oath.

The work product doctrine primarily protects which of the following from discovery?

Answer: Materials prepared by an attorney in anticipation of litigation

The work product doctrine, codified in FRCP 26(b)(3), protects materials an attorney prepares in anticipation of litigation from discovery by the opposing party.

Under the Federal Rules of Civil Procedure, a party generally has how many days to respond to interrogatories after being served?

Answer: 30 days

FRCP 33(b)(2) requires a party to serve answers to interrogatories within 30 days after being served with them.

A subpoena duces tecum commands a person to do which of the following?

Answer: Produce documents, records, or other tangible items

A subpoena duces tecum is a court order requiring a person to produce specified documents, records, or tangible items for inspection or use as evidence.

Under FRE 401, evidence is relevant if it has what effect on a fact of consequence in the action?

Answer: Makes the fact more or less probable than it would be without the evidence

FRE 401 defines relevant evidence as having any tendency to make a fact more or less probable than it would be without the evidence.

In a deposition, the witness who is questioned under oath is specifically called the:

Answer: Deponent

In a deposition, the person being questioned under oath is called the deponent, and their sworn testimony is transcribed for use in litigation.