Civil litigation

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Civil litigation
2013-04-21 17:31:35
Civil Litigation Self quiz part motion interogatories deposition

Civil litigation - Self quiz - part 2
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  1. Under WI Law you have ______ days to answer interrogatories.
    General Rule - 30 days

    Exception - 45 days when the interrogatories are served at the same time as the Summons and Complaint.
  2. What are the 7 functions of discovery
    • Narrow issues for trial
    • Avoid Surprise
    • Assess Credibility of Witness
    • Reveal Strength and Weakness
    • Promote Settlement
    • Preserve Evidence
    • Promote Consistency
  3. List 2 dispositive motions
    • Motion of Summary Judgement
    • Motion for Judgement on the Pleadings
    • Motion to Dismiss
    • Motion for Direct Judgement
  4. List 2 non-dispositive motions
    • Motion to Strike
    • Motion to Definate Statement
  5. List 4 privledges that would prevent discovery
    • Attorney/Client
    • Doctor/Patient
    • Clergy/Parishioner
    • Husband/Wife
  6. List 3 requirements every motion must contain.
    • 1. it must be in writing or if it happens during the middle of court the court reporter will transcribe.
    • 2. the motion must state the grounds with particularity.
    • 3. the motion must state the relief sought.
  7. A motion to prevent discovery is called_____
    Motion for Protective Order
  8. A motion to limit what the jury can hear at the trial is called_______
    Motion in Limne
  9. Explain the rules governing discoverablity of the opinions of the 3 different categories/types of expert witness make sure to name the categories of experts in your answer.
    Testifying Expert - deposition only, discoverable

    Consulting Expert - Exceptional circumstances when impratical to obtain facts or opinion by other means

    Informal Expert - Not discoverable
  10. State the relevancy test that Wisconsin Courts utilize to determine whether the information sought is discoverable.
    Must be reasonably calcuated to lead to the discovery of admissible evidence.
  11. Explain the test which will allow the discovery of an opposing parties work product (eg Witness Statement)
    There must be:

    • Substantial Need
    • AND
    • Undue Hardship
    • AND
    • Substantial Equivilent not available
  12. Who signs the objections to interrogatories?
    The Attorney