Archives: Glossary

A required good-faith attempt by the parties to resolve a dispute before asking the court to decide it.

Materials prepared in anticipation of litigation or for trial, which receive protection from discovery under Federal Rule of Civil Procedure 26(b)(3).

A privilege that generally protects confidential communications between a lawyer and client made to obtain or give legal advice. Its scope is defined by the law that applies.

A legal right to withhold certain information from discovery or testimony, such as attorney-client privilege.

Bringing a third party into a lawsuit because that party may be liable for some or all of the claim. Also called a third-party complaint.

A court order limiting discovery to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.

A subpoena that requires the person to produce documents or other things.

A court command requiring a person to appear and testify or to produce documents or things.

Basic information each party must provide early in a federal case without waiting for a discovery request.

The pretrial process in which parties obtain information and evidence from each other and from nonparties.