Page 53 - Expert Witness

service. The formal delivery of a writ, summons, or other legal process.

settlement. An agreement ending a dispute or lawsuit.

sequestered. A meeting by disputing parties in litigation for reaching an agreement to end a dispute
or law suit.

settlement (full). A settlement and release of all pending claims between the parties.

settlement (structured). A settlement in which the defendant agrees to pay periodic sums to the
plaintiff for a specified time especially in personal injury and product liability cases.

special master. A parajudicial officer (such as a referee, an auditor, an examiner, or an assessor)
specially appointed to help a court with its proceedings.

spoliation. The intentional destruction, mutilation, alteration, or concealment of evidence, usually a
document.

standard of proof. The degree or level of proof demanded in a specific case, such as "beyond a rea-
sonable doubt" or " by preponderance of the evidence".

stipulations. A voluntary agreement between opposing parties concerning some relevant point.

subpoena. A writ commanding a person to appear before a court or other tribunal, subject to a pen-
alty for failing to comply.

subpoena duces tecum. A subpoena ordering the witness to appear and bring specified documents,
records, or items.

surrebuttal. (1) The response to the opposing party’s rebuttal in a trial or other proceeding. (2) A
rebuttal to a rebuttal.

system. (1) An organized collection of components that have been optimized to work together in a
functional whole. (2) The entire computer system, including peripheral devices.

tax basis. The value assigned a taxpayer’s investment in property and used primarily for computing
gain or loss from a transfer of the property.

testimony. Evidence that a competent witness under oath or affirmation gives at the trial or in an af-
fidavit or deposition.

tort. (1) A civil wrong, other than breach of contract, for which a remedy may be obtained, usually
in the form of damages. (2) A breach of a duty that the law imposes on persons who stand in a
particular relation to one another.

trade secret. (1) A formula, process, device, or other business information that is kept confidential
to maintain an advantage over competitors. (2) Information, including a formula, pattern, compi-
lation, program, device, method, technique, or process, that (a) derives independent economic
value (actual or potential) from not being generally known or readily ascertainable by others who
can obtain economic value from its disclosure or use and (b) is the subject of reasonable efforts,
under the circumstances, to maintain its secrecy.

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