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Civil Procedure Q & A

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I wrote this document for the class, Civil Litigation and Pro. It is a question and answer to basic terms and facts about civil procedure, such as, "What is a motion is dismiss?".

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  • November 21, 2024
  • 1
  • 2023/2024
  • Class notes
  • Michelle r. becker
  • Civil litigation and pro
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1. What is a complaint? A complaint is a document which starts a case. This document is signed by
the plaintiff.

2. What is an answer? An answer is a formal response to a plaintiff's petition or complaint. An
answer will include the defendant's counterclaims or affirmative defenses.

3. What is a summons? A summons is a court form notifying a client of the day that is needed to
appear in court. A summons is an official notice of a lawsuit.

4. What is discovery? Discovery is the formal process in which courts obtain information relevant to
the case. Two parties exchange information about witnesses and evidence which could be
presented at trial.

5. What are interrogatories? Interrogatories are tools used for discovery to prepare for trial. This
includes a list of questions which are sent to another party and are responded to in writing.

6. What are depositions? A deposition is part of the discovery process where a witness gives a
sworn-out-of-court testimony and does not usually involve a court. Depositions can be either
written or oral.

7. What is a request for production of documents? A request for production of documents is a
device used during discovery to obtain relevant information about the opposing party. This can
include requests for documents, electronic data, or physical items.

8. What is a request for admission? A request for admission allows one party to request for the
other party to admit or deny a statement under oath. This is a device used during discovery.

9. What is a motion to dismiss? A motion to dismiss is a formal request for a court to have a case
dismissed.

10. What is a motion for a directed verdict? A motion for a directed verdict is when a party asks a
trial judge to rule that the legal evidence is insufficient for a jury to come to a different,
reasonable conclusion.

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