Skip to content
F·M FactMarshal
Menu

The glossary

The litigation record, defined.

The terms you hit while working a case file — defined in plain English, with how each one actually plays in practice. New entries publish weekly.

Litigation terms

The working vocabulary of discovery, depositions, and trial.

Bates numbering

Bates numbering is the practice of stamping every page of produced documents with a unique sequential identifier, so any page can be cited, tracked, and retrieved unambiguously across a case.

Deposition designation

A deposition designation is a party's formal selection of the portions of deposition testimony — by page and line — to be offered as evidence at trial, met by the other side's counter-designations and objections.

Errata sheet

An errata sheet is the document a deponent uses after reviewing their deposition transcript to record corrections — from typographical fixes to, controversially, substantive changes to testimony.

Leading question

A leading question is one that suggests its own answer — "You never saw the contract, did you?" — prohibited on direct examination of your own witness, and the entire engine of cross-examination.

Motion in limine

A motion in limine is a pretrial motion asking the court to rule on the admissibility of evidence before trial begins — typically to keep prejudicial material from ever reaching the jury's ears.

Prior inconsistent statement

A prior inconsistent statement is an earlier statement by a witness that conflicts with their current testimony — the primary tool for impeaching credibility, and in some circumstances admissible as substantive evidence.

Privilege log

A privilege log is the itemized list a producing party must serve identifying each document withheld from discovery on privilege grounds — with enough detail to let the other side test the claim without revealing the protected content.

Subpoena duces tecum

A subpoena duces tecum is a court-backed command that a witness produce documents or records — "bring with you," in the Latin — as distinct from a subpoena that merely compels testimony.

Voir dire

Voir dire is the questioning process used to test suitability before someone is empaneled or heard — most commonly jury selection, but also the examination of a witness or expert outside the jury's presence.