Discovery procedures are often used in civil actions. Identify and explain the purpose of discovery and explain one type of procedure and what can be accomplished by using it
Discovery - The process of gathering evidence on the case.
• Educate each party as to the facts surrounding the controversy,
• Promote voluntary settlement of the controversy by revealing strengths and weaknesses in the cases of each party, and
• Eliminate surprises that might otherwise arise during the trial, possibly leading to a miscarriage of justice.
Deposition: Questioning of a witness or adverse party to an action, under oath, by the opposing attorney before the trial. Opportunity to observe the witness and ask follow-up questions.
Interrogatories: A form of discovery consisting of written questions directed to a party or witness who is expected to reply with written answers under oath. Often used to get preliminary answers before the follow-up use of depositions.
motion to produce: Request to a judge by counsel to compel the opposing party to provide specified evidence to the court. Very useful means of getting useful documents from the adverse party.
You might also like to view...
An arrangement for the sale of a new issue of debt securities in which the investment banking firm typically buys the securities from the issuing firm and then sells the securities in the primary markets, hoping to make a profit, is called a(n) _____.?
A. ?best-efforts arrangement B. ?underwritten arrangement C. ?guaranteed capital arrangement D. ?privately placed arrangement E. ?accelerated securities exchange arrangement
Dex and Carmen are in an auto accident. Dex offers Carmen $2,000 if she promises not to pursue her potential legal claim against Dex. Carmen agrees. Later, Carmen discovers that it will cost $1,500 to repair her car and $4,000 to cover the medical expenses for a latent injury. Refer to Fact Pattern 12-5. The agreement between Dex and Carmen is
A) a covenant not to sue B) accord and satisfaction. C) a release. D) promissory estoppel.
Alex bought $50,000 worth of computers for his firm; he will pay the vendor for these computers
on the fifteenth of next month. These items would be carried on the ________ and listed as ________. A) balance sheet; notes payable B) balance sheet; accounts payable C) income statement; notes payable D) income statement; accounts payable E) none of the above
Several years ago, Black & Decker purchased General Electric's small appliances product line. Black & Decker purchased the line because it needed the cash generated from a product line that had a dominant market share in the slow-growth small appliance industry. GE's small appliances product line is most likely a ________ for Black & Decker.
A. star B. hedgehog C. cash cow D. question mark E. dog