BALW20150 Chapter Notes - Chapter 3: Voir Dire, Direct Examination, Electronic Discovery
23 Jan 2017
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Federal rules of civil procedure (frcp) govern all civil trials held in federal district courts. 3 phases of the litigation process: pretrial, trial, posttrial. Stage 1: consult an attorney: discuss likelihood of success, procedures, court choice, fees, types of fees: fixed, hourly, contingency, client may choose not to pursue litigation b/c of costs and pursue settlement of claim instead. Affirmative defense- admitting the truth of complaint but raising: can waive formal service of process in some cases the allegations and may set forth defenses new facts to show you should not be held liable for damages. Counterclaim- deny allegations and set forth own claim. Directed to a party not a witness: allowed regarding any matter relevant to the claim or defense of any party, discovery rules attempt to protect witnesses and parties and safeguard confidential info, electronic discovery. E-evidence= all computer-generated or electronically recorded info. Metadata= (cid:498)data about data(cid:499) aka info about files like who created it and when.
