civil procedure

Definition

Written or oral materials prepared by or for an attorney in the course of legal representation, especially in preparation for litigation. Generally, an opposing party may not discover or compel disclosure of work product. In limited circumstances, however, an opposing party may discover or compel disclosure of work product upon a showing of "substantial need" and "undue hardship." Fed. R. Evid.

Definition

Someone authorized to practice law; a lawyer. Also called attorney and public attorney.

Illustrative caselaw

See, e.g. Supreme Court of Virginia v. Consumers Union of U.S., Inc., 446 U.S. 719 (1980).

Definition

See attorney's fees (or attorneys' fees).

Definition

1) A lawyer who appears in court or receives pleadings and other formal documents on a party's behalf. Also known as counsel of record.

2) In patent and trademark law, a lawyer or agent named in a power of attorney filed by a patent or trademark applicant.

Definition

1) Someone authorized to practice law; a lawyer. Also called attorney-at-law and public attorney.

Definition

Testimony or confirmation that something is true, genuine, or authentic. An attestation is frequently in writing. For example, a witness attests a will by signing it; his or her signature may confirm, inter alia, that he or she witnessed the testator sign the will.

Illustrative caselaw

See, e.g. Keely v. Moore, 196 U.S. 38 (1904).

See also

• Attest
• Attestation clause
• Estates and trusts

Definition

A clause at the end of a document, in particular a will, which sets forth the legal requirements the document must satisfy, states that those requirements have been met, and is signed by one or more witnesses. An attestation clause strengthens the presumption that the requirements have been met. 

Illustrative caselaw

See, e.g. Keely v. Moore, 196 U.S. 38 (1904).

Definition

To testify or confirm that something is true, genuine, or authentic. See attestation. 

Illustrative caselaw

See, e.g. Keely v. Moore, 196 U.S. 38 (1904).

See also

• Attestation clause
• Estates and trusts

Definition

To move towards a witness in order to show him or her a document or exhibit. In some jurisdictions, an attorney must request to approach a witness, i.e. "May I approach the witness?"

Illustrative caselaw

See, e.g. Michaels v. State, 970 A.2d 223 (Del. 2009).

Definition

Evidence that is formally presented before the trier of fact (i.e., the judge or jury) to consider in deciding the case. The trial court judge determines whether or not the evidence may be proffered. To be admissible in court, the evidence must be relevant (i.e., material and having probative value) and not outweighed by countervailing considerations (e.g., the evidence is unfairly prejudicial, confusing, a waste of time, privileged, or based on hearsay).