Legal Support Evidence and Discovery

Question 1

What is the formal pretrial process in which parties obtain evidence from each other and from third parties?

Accepted Answer

Discovery

Answer

Discovery is the pretrial phase in which each party can obtain evidence from the opposing party and witnesses to prepare for trial.

Question 2

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

Accepted Answer

Interrogatories

Answer

Interrogatories are written questions served on a party who must respond in writing under oath within the time allowed by court rules.

Question 3

What is a deposition?

Accepted Answer

Oral testimony taken under oath outside of court and recorded by a court reporter

Answer

A deposition is sworn oral testimony given by a witness (deponent) outside of court, recorded by a court reporter, and usable at trial.

Question 4

What legal document compels a witness to appear and give testimony at a deposition or trial?

Accepted Answer

Subpoena

Answer

A subpoena is a court-issued order that compels a person to appear and testify; failure to comply can result in contempt of court.

Question 5

Which Federal Rule of Civil Procedure primarily governs the general provisions for discovery in federal civil cases?

Accepted Answer

Rule 26

Answer

FRCP Rule 26 sets out the general framework for discovery, including the duty to disclose and the scope of permissible discovery.

Legal Support Practice Test