NALA ACP Trial Practice flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Jury demand deadline

Under FRCP 38(b), a written jury demand must be served no later than 14 days after service of the last pleading directed to the issue; failure waives the right under FRCP 38(d).

Rule 26(a)(3) pretrial disclosures

Requires disclosure of witnesses, deposition designations, and exhibits at least 30 days before trial, with objections due 14 days after the disclosure; inapplicable to nonjury trials absent a court order.

Hearsay definition

An out-of-court statement offered to prove the truth of the matter asserted, as defined in FRE 801(c); it is generally inadmissible unless an exception or exclusion applies.

Non-hearsay uses

Out-of-court statements offered not for truth but for effect on the listener, impeachment, or as verbal acts with independent legal significance are not hearsay under FRE 801(c).

Best evidence rule

FRE 1002 requires the original writing, recording, or photograph to prove its content; secondary evidence is allowed only when an exception in FRE 1003 or 1004 applies.

Authentication standard

FRE 901(a) requires evidence sufficient to support a finding that the item is what the proponent claims, such as testimony of a witness with knowledge or distinctive characteristics.

Leading questions

Under FRE 611(c), leading questions are generally barred on direct examination but permitted on cross-examination and for preliminary matters, hostile witnesses, or adverse parties.

Witness sequestration

Under FRE 615, the court must exclude witnesses on request so they cannot hear other testimony, but may not exclude parties, party officers or employees, or essential persons.

Offer of proof

When evidence is excluded, FRE 103(a)(2) requires counsel to make known the substance of the evidence by offer or avowal to preserve the error for appeal.

Rule 50(a) motion

A motion for judgment as a matter of law may be made after the opposing party has been fully heard on an issue and before the case is submitted to the jury.

Rule 50(b) renewal

If the court denies a Rule 50(a) motion, the movant may renew it after judgment within 28 days; failure to move under 50(a) generally bars a 50(b) motion.

Rule 51 instruction objections

Parties may request jury instructions and must object on the record before the jury is charged; untimely objection forfeits appellate review except for plain error.

Batson challenge

A party may object to a peremptory strike as race-based; the objector makes a prima facie showing, and the striking party must then offer a race-neutral explanation.

J.E.B. v. Alabama

This decision extended Batson's prohibition on discriminatory peremptory strikes to strikes exercised on the basis of gender during jury selection.

Opening statement scope

An opening statement outlines what counsel expects the evidence will show; it is not evidence itself, and argument on the facts is generally reserved for closing.

Trial notebook components

A trial notebook typically contains a case summary, witness and exhibit lists, voir dire questions, opening outline, direct and cross outlines, jury instructions, and verdict form.

Subpoena for trial testimony

Under FRCP 45, a subpoena commands attendance at a stated time and place; nonparties may be compelled with witness fees and mileage tendered, and party officers must be subpoenaed.

Exhibit list contents

An exhibit list records each exhibit's number, description, sponsoring witness, authentication method, and any objection, and is exchanged before trial under pretrial disclosure rules.

Direct examination purpose

Direct examination elicits the sponsoring witness's personal knowledge and foundation for exhibits and testimony, using non-leading questions except for preliminary or hostile matters.

Cross-examination scope

Under FRE 611(b), cross-examination should not go beyond the subject matter of direct examination and matters affecting credibility, though the court may allow wider inquiry.

Refreshing recollection

Under FRE 612, a witness may use a writing to refresh memory; adverse counsel may inspect it, and the court may order production of related writings.

Past recollection recorded

FRE 803(5) permits reading a recorded recollection into evidence when the witness once had knowledge but now cannot recall, the record was made when fresh, and accuracy is shown.

Present sense impression

FRE 803(1) excepts from hearsay a statement describing or explaining an event made while or immediately after the declarant perceived it.

Excited utterance

FRE 803(2) excepts a statement relating to a startling event made while the declarant was under the stress of excitement caused by the event.

Business records exception

FRE 803(6) admits records of a regularly conducted activity made at or near the time by someone with knowledge, kept in the course of business, unless the source or method lacks trustworthiness.

Public records exception

FRE 803(8) admits records of public offices setting out activities, matters observed under legal duty, or factual findings from authorized investigations, subject to limits in criminal cases.

Impeachment by prior statement

FRE 613 permits examining a witness about a prior inconsistent statement; extrinsic evidence requires an opportunity to explain or deny, with exceptions for opposing party statements.

Prior consistent statement

FRE 801(d)(1)(B) treats as non-hearsay a declarant's prior consistent statement offered to rebut a charge of recent fabrication or improper influence or motive.

Verdict form

A verdict form presents the jury's findings; a general verdict states the outcome, while a special verdict requires findings on each factual issue under FRCP 49.

Judgment notwithstanding verdict

The older term for renewed judgment as a matter of law under FRCP 50(b), granted when no reasonable jury could find for the nonmoving party on the record.

Motion in limine

A pretrial motion asking the court to exclude or admit evidence before trial, preserving objections and preventing prejudicial evidence from reaching the jury.

Rule 403 balancing

Under FRE 403, relevant evidence may be excluded if its probative value is substantially outweighed by unfair prejudice, confusion, misleading the jury, delay, or needless cumulative evidence.