NALA ACP Trial Practice key terms

A person qualified by education, training, or work experience who performs substantive legal work under the supervision of an attorney, is not licensed to practice law, and cannot give legal advice to the public.

Performing activities that constitute the practice of law, such as giving legal advice or representing a client in court, without holding a law license. Paralegals avoid this by working only under attorney supervision.

The licensed lawyer who assigns work to a paralegal, reviews the output, remains responsible for the representation, and is accountable to the client and the court for the paralegal's conduct.

The attorney's assignment of specific work to a paralegal. The attorney must decide what may be delegated, give clear instructions, and verify the result before it reaches the client or the court.

The boundaries of what a paralegal may do on a matter, typically set by the supervising attorney and by the client's agreement, and limited by rules against giving legal advice or setting fees.

A rule protecting confidential communications between a client and attorney, and those acting for the attorney such as a paralegal, from compelled disclosure. It belongs to the client and can be waived by the client.

Protection for materials prepared in anticipation of litigation by or for a party or its representative, including a paralegal. It is broader than privilege but can be overcome by substantial need and undue hardship.

The ethical duty not to reveal information relating to the representation of a client without informed consent, extending to a paralegal's observations and to information from any source about the client.

A situation where a paralegal's or firm's duties to one client could be materially limited by responsibilities to another client, a former client, or a personal interest, requiring screening or withdrawal.

An internal screening measure that isolates a paralegal or lawyer who has a conflict from a matter, blocking access to files and discussions so the firm may continue the representation without imputed disqualification.

The rule that one lawyer's conflict disqualifies the entire firm, subject to exceptions such as screening. A moving paralegal's conflict may be cured by timely screening and written notice.

A directive to preserve documents and electronically stored information relevant to anticipated or pending litigation, suspending routine destruction so evidence is not lost and sanctions are avoided.

The destruction, alteration, or concealment of evidence relevant to litigation. Courts may impose sanctions such as adverse inference instructions, exclusion of evidence, or monetary penalties.

Data stored in digital form, including email, databases, metadata, and backup files. It is discoverable and must be preserved, collected, and produced in usable formats under court rules.

A formal written document filed with the court stating a party's claims or defenses, such as a complaint or answer. Pleadings frame the issues and give notice to the opposing party.

The initial pleading by which a plaintiff begins a civil action. It states the jurisdictional basis, the facts, the legal claims, and the relief requested, and it triggers service on the defendant.

A defendant's responsive pleading admitting or denying each allegation of the complaint and asserting affirmative defenses, counterclaims, or cross-claims within the time set by rule.

A defense that raises new facts which, if proven, defeat the plaintiff's claim even if the complaint's allegations are true, such as statute of limitations, contributory negligence, or accord and satisfaction.

Formal delivery of a summons and complaint to a defendant in a manner permitted by rule, which gives the court jurisdiction over the person and starts the defendant's time to respond.

A sworn or certified statement, often an affidavit or certificate by the person who served, showing when, where, and how documents were delivered to a party or witness.

The pretrial process by which parties obtain evidence and information from each other and from third parties through interrogatories, document requests, depositions, and requests for admission.

Written questions served on another party that must be answered under oath within a set time. They are limited in number by many rules and are useful for gathering basic facts and identifying witnesses.

A discovery request asking another party to produce documents, electronically stored information, or tangible things for inspection and copying within a stated time and scope.

A discovery device asking another party to admit the truth of specified facts or the genuineness of documents. Matters not timely denied are generally deemed admitted.

A sworn out-of-court examination of a witness or party, recorded by a court reporter, used to gather testimony, preserve it for trial, and impeach witnesses.

A court-issued command compelling a witness to appear at a deposition, and often to bring specified documents, enforceable by contempt if ignored without objection.

A subpoena requiring a person or entity to produce designated documents or things at a stated time and place, often used to obtain records from nonparties in litigation.

A document list identifying materials withheld from discovery on grounds of privilege or work product, giving enough detail for the requesting party to assess and challenge the claim.

A condensed digest of deposition testimony organized by page and line, topic, or witness, prepared for attorney review and later used to prepare motions, trial examination, and impeachment.

A pretrial request asking the judge to exclude or limit evidence on specific issues before the jury is exposed to it, often addressing prejudice, hearsay, or character evidence.

A written or oral request asking the court to take a particular action, such as dismissing a claim, compelling discovery, or continuing a hearing, usually with a supporting brief and proposed order.

A draft order submitted with a motion that sets out the relief requested in the form the court could sign if it grants the motion, saving the judge drafting time.

A document informing the opposing party and the court of the date, time, and place a motion will be argued, filed and served within the time required by local rules.

A written statement of facts made under oath or affirmation before a person authorized to administer it, often attached to motions to supply evidence the court may consider.

The process of proving that an item of evidence is what its proponent claims it to be, typically through witness testimony, distinctive characteristics, or comparison by an expert.

Testimony, documents, and objects offered to prove or disprove a fact in issue. Admissibility depends on relevance, reliability, and compliance with rules such as hearsay and privilege.

A document or object marked for identification and offered into evidence at a hearing or trial. Exhibits are typically numbered, listed in a pretrial index, and kept in the trial notebook.

An organized binder or digital file containing pleadings, witness lists, exhibit indexes, deposition summaries, and examination outlines that the trial team uses to prepare and present the case.

The questioning of prospective jurors to identify bias, hardship, or other reasons for challenge, conducted by the judge or attorneys before the jury is selected and sworn.

A limited right to excuse a prospective juror without stating a reason, but not on the basis of race, ethnicity, or sex, which would violate equal protection.

A request to remove a prospective juror for a stated legal reason, such as actual bias or inability to be fair, with no limit on the number of such challenges.