Page 36 - Civil Litigation

summary judgment (motion or order). A request or order that the court enter judgment without a
trial because there is no genuine issue of material fact to be decided by a fact-finder. That is, be-
cause the evidence is legally insufficient to support a verdict in the nonmovant's favor (Federal
Rules of Civil Procedure, Rule 56).

surrebuttal. The response to the opposing party's rebuttal in a trial or other proceeding; a rebuttal
to a rebuttal.

sworn statements. A statement given under oath; an affidavit. See affidavit.

tort. A civil wrong, other than breach of contract, for which a remedy may be obtained, usually in
the form of damages; a breach of a duty that the law imposes on persons who stand in a particu-
lar relation to one another.

trier of fact (finder of fact). One or more persons, such as jurors in a trial or judge in a hearing,
who hear testimony and review evidence to rule on a factual issue.

verdict (general). A verdict by which the jury finds in favor of one party or the other, as opposed to
resolving a specific issue.

verdict (special). A verdict in which the jury makes findings only on factual issues submitted to
them by the judge, who then decides the legal effect of the verdict.

voir dire. A preliminary examination of a prospective juror (or expert witness) by a judge or lawyer
to decide whether the prospect is qualified and suitable to serve on a jury (or as an expert wit-
ness).

work-product privilege (rule). See attorney work-product privilege or work-product rule.

Zubulake duties. See litigation hold.

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