Legal Support Evidence and Discovery 3

Question 1

What is a 'subpoena duces tecum'?

Accepted Answer

A command requiring a person or entity to produce specified documents, records, or other tangible evidence

Answer

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.

Question 2

Under the Federal Rules of Civil Procedure, how many days does a party generally have to respond to interrogatories?

Accepted Answer

30 days

Answer

FRCP Rule 33 requires that interrogatory responses be served within 30 days after service, unless the court orders a different time.

Question 3

What is the 'best evidence rule' in evidence law?

Accepted Answer

The principle that to prove the content of a document, the original document must be produced unless an exception applies

Answer

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.

Question 4

Under the Federal Rules of Evidence, 'hearsay' is defined as:

Accepted Answer

A statement other than one made by the declarant while testifying, offered to prove the truth of the matter asserted

Answer

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.

Question 5

What is a 'motion in limine'?

Accepted Answer

A pretrial motion asking the court to rule on the admissibility of specific evidence before it is offered at trial

Answer

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.

Legal Support Practice Test

Legal Support Practice Test

Legal Support Evidence and Discovery 3