Civil Procedure: Understanding Discovery

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

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

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

Privileged communications are those between ______ and client;

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

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

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

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

The attorney claiming the privilege must describe the ______ withheld.

Full discovery of ______ experts is allowed.

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

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

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

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.

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

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

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

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

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

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

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

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

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.

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

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.

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

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.

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

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

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