- Interrogatories are written questions submitted by one party to the other, which must be answered under oath. - Requests for Production - Requests for Admission - A party must make a good faith effort to comply with the other party’s legitimate discovery requests. - Summary judgment argues that the evidence produced by discovery makes it so clear that the moving party is legally entitled to prevail that a trial would be a waste of time. -- If a defendant files for summary judgment, it will be granted unless the plaintiff has presented at least enough evidence during discovery so as to create genuine issues of all the required elements of the claim. -- If a Plaintiff files the motion, the court will only grant if (1) the plaintiff has produced evidence so strong that it proves all of the elements of its claim so clearly that there is no genuine fact issues on any of these elements, (2) the defendant failed to present evidence that creates doubt about any of these elements and (3) the defendant has also failed to present evidence sufficient to create a genuine issues regarding an affirmative defense. 3) Trial Voir dire : When a jury is impaneled, names of prospective jurors are drawn from a list of prospective jurors are drawn from a list of those who have been randomly selected from public records for possible duty during the term. Each prospective juror is questions in an effort to make sure that the jury will be as impartial as possible. If the questioning indicates that a particular person probably would not be capable of making an impartial decision, the judge will excuse the person by granting a challenge for cause. Them, the attorneys for each party have a limited number of peremptory challenges (or strikes) to have a prospective juror removed
without giving any reason to do so (except you cannot discriminate on the basis of race). Evidence : Plaintiff carries the burden of proof by a preponderance of the evidenc e, as in the plaintiff has to convince the fact finder that is more likely than not that each of its allegations is true. Direct examination : the lawyer cannot ask leading questions. But, if the attorney calls an adverse witness, the rules against leading questions did not apply. An adverse witness is either the opposing party to the case or some other witness for the other side. The Then the defendant’s attorney has an opportunity to conduct a cross-examination of that witness. The purpose is to discredit or cast doubt on the witness’s testimony. Three kinds of evidence are commonly excluded by the rules: 1) Irrelevant evidence 2) Hearsay 3) Opinion Motion for Directed Verdict/Judgment as a Matter of Law : After the plaintiff presents the evidence, the defendant’s attorney often makes a motion for directed verdict. This motion makes the same assertion as the earlier motion for summary judgment, except that the motion for directed verdict is based on more evidence, including the personal testimony of witnesses in court. If the defendant’s motion for directed verdict is denied, the defendant then presents his case.
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- Spring '08
- Law, Trial court