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DISCOVERY

Q. Can a party force his or her opponent to disclose information and witnesses even before the trial begins?
A.
Yes. This process, called "discovery," is a vital step in any litigation and a reminder that the
goal of our legal system is to do justice rather than to reward the clever attorney or secretive
litigant. "Surprise witnesses" and "secret evidence" are the province of TV and Hollywood, not the real courtroom. Among the discovery tools available to litigants are:
• Depositions. The attorneys for each side in a lawsuit may compel potential witnesses to answer written or oral questions under oath.
• Interrogatories. Each party can submit a list of written questions to the other party, which again must be answered under oath.
• Motion to produce documents. Each party can compel the other to produce relevant documents in the other party's possession, custody, or control for the purpose of inspecting, copying or photographing them.
• Request to admit. Each party can ask the other to acknowledge that an allegation is true and
thus spare both parties the trouble, expense and delay of having to prove it at trial.

Q. What is summary judgment?
A.
Even after discovery has begun, a full-blown trial still may be forestalled by a successful
motion for "summary judgment." Summary judgment may be appropriate if the facts in the case
are clear and the only question is how the law should be applied to those facts. In such cases, there is no need for a jury or judge to hear witnesses or view evidence regarding what happened. All that is left for the court to do is to apply the law to the known facts, and this it can do without a trial.
In considering whether to grant a party's motion for summary judgment, the trial court will
review the parties' affidavits (written statements made under oath) and discovery materials to
determine whether, viewed in the light most favorable to the opponent to the motion, there is no
genuine dispute regarding an important fact.
If the court is uncertain whether the case contains a genuine issue of material fact, it will
deny the summary judgment motion and the case will proceed to trial. If, on the other hand, the
court is convinced that there is no such factual dispute, it will consider the parties' written
arguments on the legal issues and then grant the motion for summary judgment, disposing of the
case.

Q. What if my opponent and I agree on some but not all of the facts in my case?
A.
Parties can "stipulate" to the existence of certain facts and thereby forego the need to introduce evidence at trial to prove those facts.

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TITLE: Legal Services at CitiMall Shopping Mall

Legal Law Category: Law , Legal, Attorney, Advice, Firm, Search, Attorneys, Lawyers, Power of Attorney, Durable, Forms

Shopping Mall: Legal Services get attorney advice, search, law firm, legal law advice Forms, law, power of attorney, Legal service, Free legal Forms, legal advice, legal, aid, legal document, prepaid legal, help, information

Legal Law Topics: Law, Legal, Attorney, Advice, Law Firm, Search, attorneys, Legal Terms, Free legal documents, attorney, lawyer, lawyers, power of attorneys durable, forms