Civil Procedure: Understanding Discovery
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Discovery is the process by which the parties gather information to present as evidence at trial of the ______.

matter

The ______ Rules of Evidence closely mirror those of the Federal Rules of Civil Procedure.

Louisiana

Discovery can be done on any ______ not privileged which is relevant to the subject matter involved in the pending action.

matter

Privileged communications are those between ______ and client;

<p>accountant</p> Signup and view all the answers

Any tangible documents which were prepared in ______ of litigation are subject to a qualified privilege.

<p>anticipation</p> Signup and view all the answers

Request for the release of ______ records is a type of discovery.

<p>medical</p> Signup and view all the answers

The court will not permit writing or electronically stored information which contains ______ by an attorney.

<p>mental impressions</p> Signup and view all the answers

If an opposing party can show that the denial of the documents would cause ______ or undue hardship, then he may be allowed access.

<p>unfair prejudice</p> Signup and view all the answers

The attorney claiming the privilege must describe the ______ withheld.

<p>documents</p> Signup and view all the answers

Full discovery of ______ experts is allowed.

<p>testifying</p> Signup and view all the answers

A party may challenge an expert's ______ or the reliability of his/her methods.

<p>qualifications</p> Signup and view all the answers

Party may obtain a ______ order from the court limiting or prohibiting the disclosure of information being sought.

<p>protective</p> Signup and view all the answers

A final judgment can be amended by the court's own motion or by an ______ or contradictory motion to:

<p>ex parte</p> Signup and view all the answers

Motion for New Trial can be made by the court, ______; or by any party by contradictory motion on any or all issues in the case.

<p>sua sponte</p> Signup and view all the answers

The court must grant the Motion for New Trial if the verdict is ______ to the law and evidence;

<p>contrary</p> Signup and view all the answers

Motion for Nullity of Judgment is used when judgment has been improperly obtained as a result of certain procedural or ______ improprieties.

<p>substantive</p> Signup and view all the answers

Vices of Form include procedural deficiencies such as judgment against an ______ person not represented as required by law;

<p>incompetent</p> Signup and view all the answers

The court lacks ______ in the Motion for Nullity of Judgment.

<p>SMJ</p> Signup and view all the answers

Vices of ______ – when judgment is obtained by fraud or ill practices.

<p>Substance</p> Signup and view all the answers

A ______ judgment that is expressly provided for appeal by law is one of the types of appealable judgments.

<p>interlocutory</p> Signup and view all the answers

Legal representatives such as ______, tutors, administrators and executors have the right to appeal.

<p>curators</p> Signup and view all the answers

A writ of ______ is discretionary and is used to appeal to the Supreme Court.

<p>certiorari</p> Signup and view all the answers

If there is a court of appeal decision that conflicts with a decision of another ______ court, it may be a factor in granting a writ of certiorari.

<p>circuit</p> Signup and view all the answers

The US Supreme Court or any US ______ Court may certify a question of LA law to the LA Supreme Court.

<p>Circuit</p> Signup and view all the answers

The issue to be resolved by a reviewing court is not whether the trier of ______ was right or wrong, but whether the factfinder's conclusion was a reasonable one.

<p>fact</p> Signup and view all the answers

The ______ court may feel its own evaluations and inferences are more reasonable than the factfinder's.

<p>appellate</p> Signup and view all the answers

A reasonable factfinder would not credit the witness's story if the documents or objective evidence so contradict the witness's story, or the story itself is so internally ______ or implausible on its face.

<p>inconsistent</p> Signup and view all the answers

The judgment does not become final until all applications for a ______ or writs have been considered.

<p>rehearing</p> Signup and view all the answers

You may also ask for a ______ before the LA SC.

<p>re-hearing</p> Signup and view all the answers

Execution on the judgment can only happen after the delays for ______ appeal have run.

<p>suspensive</p> Signup and view all the answers

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