Archives: Glossary

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.

Has two main meanings. First, an evidentiary privilege is a legal right to withhold certain information from discovery or testimony, such as attorney-client privilege. Second, a privilege can be a special right, benefit or immunity granted by law, such as a license; the Constitution also protects certain “privileges and immunities” of citizens (art. IV, § 2) and bars states from abridging the “privileges or immunities” of U.S. citizens (Fourteenth Amendment). Calling something a privilege does not mean the government can take it away without due process (Bell v. Burson, 402 U.S. 535 (1971)).

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.

The person whose deposition is being taken.

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.

The court’s permission to take a step that the rules do not allow as of right.