NCCC 21 Ch 5 - Methods of Discovery

E-discovery

Obtaining electronic communications or other information stored electronically for the purposes of trial preparation.

Discovery sanctions

Court-ordered penalties for failing to produce evidence.

Electronically stored information

Information created, manipulated, communicated, and stored by computer.

Bill of particulars

A written statement of the particulars of a complaint, showing the details of the amount owed.

Subpoena duces tecum

An order commanding a person to appear and bring certain papers or other materials that are pertinent to a legal action.

Motion for order compelling discovery

A motion asking the court to order the other party to produce certain writings, photographs, or other requested items.

Recross-questions

Further questions asked of a witness in response to redirect questions.

Subpoena ad testificandum

An order commanding a person to appear and testify in a legal action. Also called subpoena.

Metadata

Data or other information on a computer which is about the structure of the computer or the contents of its files, and which is akin to an electronic fingerprint.

Sale

The passing of title from the seller to the buyer for a price.

Attorney–client privilege

The privilege related to the duty of confidentiality that an attorney has with a client, but coming from evidence law; protects a lawyer from having to testify against his or her client even when issued a subpoena.

Safe harbor provision

Protection of a party from discovery sanctions when the party cannot produce electronically stored information (ESI) because it was lost through the routine good-faith operation of an electronic information system.

Cross-questions

Questions asked by a deponent in response to questions asked at a deposition.

Redirect questions

Further questions asked by an examiner at a deposition in response to cross-examination questions.

Impeach

Call into question.

Deposition on written questions

A deposition in which lawyers examine and cross-examine a witness who has received, in advance, written questions to be answered.

Subpoena

An order commanding a person to appear and testify in a legal action. Also called subpoena ad testificandum.

Stipulate

Agree.

Stipulation

An agreement between the parties to an action regulating any matter relative to the proceedings.

Perjury

The giving of false testimony under oath.

Rebuttal

The introduction of evidence that will destroy the effect of the evidence introduced by the other side.

Verbatim

Word for word.

Deposition on oral examination

A deposition in which lawyers orally examine and cross-examine a witness.

Demand for bill of particulars

A pleading calling for details of a claim or the separate items of an account.