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Litigation Chs. 10, 14, 15, 16, 17 Vocab/Concept Review

Across
A motion in _____ is a procedural motion made before trial, usually to resolve an evidentiary issue or to prevent the opposing party from presenting a particular piece of evidence at trial.
An expert opinion must have a FOUNDATION, or preliminary evidence showing the expert is competent to testify on the matter and there are sufficient facts on which an expert can ____ his/her opinion, in order to be admitted into evidence.
A party must respond or object to a request for inspection within ______ days of service of the request.
A motion for ____ as a matter of law pursuant to FRCP 50(a)(1) is made as soon as the opposing party rests their case at trial, and asks the court to find that there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on a particular claim or defense. Also called a motion for directed verdict.
If the respondent to a written request for inspection does not have the specified property but knows where the property is, the respondent must produce it if it is in the respondent's _____.
Federal Rule of Civil Procedure 35 requires that an independent medical examiner’s report must set out in detail the examiner’s findings, including _____, conclusions, and the results of any tests.
A request for inspection must identify the property to be inspected with _______ particularity.
A request for inspection must specify a proposed ___ ___ ____ for the inspection that is convenient for the parties.
The party answering a request for admissions may assert lack of knowledge or information as a reason for failing to admit or deny only if the party states that it has made ______ inquiry and that the information it knows or can readily obtain is insufficient to enable it to admit or deny.
A request for inspection must be made in _______ and must describe the manner of the inspection.
Court-ordered decrease of the money damages awarded by a jury.
If a plaintiff _____ to submit to an appropriate IME, the defendant can move for a court order compelling the examination, can move for dismissal of the suit, or can move for an adverse inference to be drawn that all medical facts be taken in defendant’s favor.
A motion for _______ judgment brought pursuant to FRCP 56 requests the court to decide the case as a matter of law, arguing that there is no genuine dispute of material fact to be decided at trial.
As a practical matter, a party responding to a request for inspection of documents will typically provide ______ of the documents, paper or electronic, rather than requiring a physical meeting and inspection.
Under FRCP 36, a matter is admitted unless, within _____ days after being served, the party to whom the request is directed serves on the requesting party a written answer or objection addressed to the matter.
If a party does not respond, or does not respond fully, to an appropriate discovery request, the proponent of the discovery may file a motion with the court to ______ the discovery.
Federal Rule of Civil Procedure 36 governs _____ for admissions.
Down
A plaintiff’s request for a copy of the IME report ______ patient/physician privilege as to any medical records of any treating physician on the same conditions.
If a party believes an alleged error at trial may have affected the outcome of the case, a party may make a motion for a ___ ____ pursuant to Rule 59.
A motion brought under FRCP 12(b)(6) is a motion to ______ for failure to state a claim.
An application to a court for a ruling or order concerning a matter of procedure or law.
To be admissible, an expert opinion may not be based on _______, but rather must be based on reasonable certainty.
A moving party requesting an IME of another party must be able to show _____ ____, or a substantial need for the examination, including that that party's medical condition is at issue.
A request for ______ is a party's formal written demand to another party to admit the existence of a particular fact or the genuineness of a particular document.
An expert’s opinion is discoverable in federal court when they have been retained to _____ at trial.
A party serving a request for admissions should have a ___ ____ belief that the statement in the request is true.
A _____ of law is a supporting document a party files with the court, along with their motion, to identify the law the party claims is relevant and in which a party argues how the law applies to the particular case.
A request for admission can request a party to admit that a document is _____, meaning that it is what it purports to be, not a forgery or imitation, that it was created on the date it bears, and signatures (if any) on it were made by the persons who purported to sign it.
Preparing a client for an independent medical examination includes describing to the client what medical ____ are likely to be performed and the reasons for those ____.
An expert witness must produce a signed _____ that contains the expert's complete opinions, the basis and reasons for the opinions, and the information and data the expert considered in making his/her opinions.
Court-ordered increase of the money damages awarded by a jury.
Federal Rule of Civil Procedure 35 requires that an independent medical examiner’s report must be in _____.
____ ___ governs any request to produce and permit inspection of "(A) any designated documents or electronically stored information... (B) any designated tangible things; or (2) to permit entry onto designated land or other property possessed or controlled by the responding party, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it."
A prejudicial ____ is one that adversely affected the outcome of the case.
An ____ opinion is an opinion of a person who has special education, training, and experience in a subject not ordinarily known or understood by laypersons.
A response to a request for admissions must be ______ by the party or their attorney.
When adverse parties both move for summary judgment, those motions are called _____ motions for summary judgment.
A summary judgment that resolves one or more issues ____ leaves some of the case unresolved to go to trial is a partial summary judgment.