Chapter 10- Civil Litigation: Before the Trial 2023 with 100% correct questions and answers

witness A person who is asked to testify under oath at a trial judgment The court's final decision regarding the rights and claims of the parties to a lawsuit Federal Rules of Civil Procedure (FRCP) The rules controlling all procedural matters in civil trials brought before the federal district courts complaint The pleading made by a plaintiff or a charge made by the state alleging wrongdoing on the part of the defendant pleadings Statements by the plaintiff and the defendant that detail the facts, charges, and defenses involved in the litigation docket The list of cases entered on a court's calendar and thus scheduled to be heard by the court allegation A party's statement, claim, or assertion made in a pleading to the court; sets forth the issue that the party expects to prove prayer for relief A statement at the end of the complaint requesting that the court grant relief to the plaintiff affidavit A written statement of facts, confirmed by the oath or affirmation of the party making it and made before a person having the authority to administer the oath or affirmation electronic filing (e-filing) system An online system that enables attorneys to file case documents with courts twenty-four hours a day, seven days a week service of process The delivery of the summons and the complaint to a defendant summons A document used on a defendant in a lawsuit informing the defendant that a legal action has been commenced against him or her and that the defendant must appear in court or respond to the plaintiff's complaint within a specified period of time return-of-service form A document signed by a process server and submitted to the court to prove that a defendant received a summons default judgment A judgment entered by a clerk or court against a party who has failed to appear in court to answer or defend against claim that has been brought against him or her by another party answer A defendant's response to a plaintiff's complaint affirmative defense A response to a plaintiff's claim that does not deny the plaintiff's facts but attacks the plaintiff's legal right to bring an action counterclaim A claim made by a defendant in a civil lawsuit against the plaintiff cross-claim A claim asserted by a defendant in a civil lawsuit against another defendant or by a plaintiff against another plaintiff motion A procedural request or application presented by an attorney to the court on behalf of a client motion to dismiss A motion filed by the defendant in which the defendant asks the court to dismiss the case for a specified reason, such as improper service, lack of personal jurisdiction, or the plaintiff's failure to state a claim for which relief can be granted supporting affidavit An affidavit accompanying a motion that is filed by an attorney on behalf of his or her client; sworn statements that provide a factual basis for the motion memorandum of law A document (known as a brief in some states) that delineates the legal theories, statutes, and cases on which a motion is based discovery formal investigation prior to trial; Opposing parties use various methods, such as interrogatories and depositions, to obtain information from each other and from witnesses to prepare for trial. privileged information Confidential communications between certain individuals, such as an attorney and his or her client, that are protected from disclosure except under court order interrogatories A series of written questions for which written answers are prepared and then signed under oath by a party to a lawsuit (the plaintiff or the defendant) deposition A pretrial question-and-answer proceeding, usually conducted orally, in which a party or witness answers an attorney's questions; given under oath and recorded deponent A party or witness who testifies under oath during a deposition subpoena A document commanding a person to appear at a certain time and place to give testimony concerning a certain matter deposition transcript The official transcription of the recording taken during a deposition impeach To call into questions the credibility of a witness by challenging the truth or accuracy of his or her trial statement discovery plan A plan formed by the attorneys litigating a lawsuit, on behalf of their clients, that indicates the types of information that will be disclosed by each party to the other prior to trial, the testimony and evidence that each party will or may introduce at trial, and the general schedule for pretrial disclosures and events metadata Embedded electronic data recorded by a computer in association with a particular file, including location, path, creator, date created, date last accessed, hidden notes, earlier versions, passwords, and formatting; reveals information about how, when, and by whom a document was created, accessed, modified, and transmitted chain of custody A series describing the movement and location of evidence from the time it is obtained to the time it is presented in court; requires that evidence be preserved in the condition in which it was obtained if it is to be admitted into evidence at trial motion for summary judgment A motion that may be filed by either party in which the party asks the court to enter judgment in his or her favor without a trial; supported by evidence outside the pleadings, such as witnesses' affidavits, answers to interrogatories, and other evidence obtained prior to or during discovery