Court Reporter Practice Exam

What does the term "fishing expedition" refer to in litigation?

1. Preliminary interviewing of jurors

2. Unrestricted investigation of a witness

3. Questioning that exceeds the lawsuit's scope

4. Document review before trial

The correct answer is: Questioning that exceeds the lawsuit's scope

The term "fishing expedition" refers to a situation in litigation where one party attempts to gather evidence or information that is not directly relevant to the case at hand, often through broad or vague questioning. This can involve asking questions or seeking documents that go beyond the necessary scope, with the aim of uncovering evidence that might support their position or lead to other relevant discoveries. This concept is particularly important in the context of discovery, where parties are limited to obtaining information that is pertinent to the case. If the questioning oversteps these bounds, it can be seen as an attempt to explore potential weaknesses or leads without a clear basis, which is why it is often discouraged in legal proceedings. Understanding this helps practitioners focus their investigations and inquiries on actionable information that directly pertains to the claims and defenses being asserted in the litigation.