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Civil Litigation

  1. Under Wisconsin Law, what is the test used to determine whether the option to produce business records can be used to answer interrogatory questions.
    "THE BURDEN OF DERIVING THE ANSWER FROM THE RECORDS MUST BE "SUBSTANTIALLY THE SAME FOR THE PERSON ASKING AS IT IS FOR THE PERSON ANSWERING THE INTERROGATORY"

    So, if all the records requested are in FRENCH, they must be translated.
  2. A ___________ letter is sent to prevent ESI from being destroyed.
    A preservation letter.
  3. MOTION FOR AN ENLARGEMENT OF TIME
    Wis. Stat. 804.15(2)(a)

    List and explain the two tests utilized when evaluating a request for an enlargement of time.   i.e. before deadline vs after deadline
    Test of Good Cause - ??? what constitutes as a good cause ?? most important thing is that it is done BEFORE the court date


    •  
    • Test of Excusable Neglect -
    • Excusable neglect she refers to the story of her friendd getting in a critical accident on her way to Madison for the trial - she didn't have cell phone, office did not know what happened to her until after the trial time started.
    •  
  4. List the 7 functions of discovery
  5. Relevancy
    Wis stat 804.08(2)
    to be discoverable the info must be relevant (wis stat 804.01(2))

    MUST BE REASONABLY CALCULATABLE TO LEAD TO THE DISCOVERY OF ADMISABLE EVIDENCE.
  6. The three R's of evidence
    To be admissible the info must satisfy the three R's of evidence:


    • Real
    • Reliable
    • Relevant
  7. What are the three things that a Motion must have?

    Wis Stat 802.01(2)(a)
    The motion must be in writing or made in the midst of a hearing so that it is documented by the court reporter

    The motion must state with particularity the grounds for the motion

    The motion must state the relief being sought
  8. How much notice must be given for a motion?
    Wis Stat 801.15(4) and 801.15(1)(b)

    The general rule is that 5 days notice must be given

    • add 3 days if it is being mailed
    • if being faxed after 5:00pm add 1 day

    remember the rules for counting if it is under 11 days you don't count Saturday, Sunday or the holidays
  9. Pick motions to compare and contrast
  10. What are the similarities of a Motion for Judgment on the Pleadings and the Motion for Summary Judgment
Author
kkohl1
ID
212434
Card Set
Civil Litigation
Description
The "gonna be on the quiz/exam" notes
Updated

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