Written by attorneys · grounded in primary & secondary sources — see below
Separate or distinct items or portions considered individually rather than as part of a larger whole.
Select any source to read its text and confirm it supports the definition.
Devon Drake served 20 interrogatories on Dixon Foods. Three of the questions each contained two separate inquiries about different contracts. The court counted those as six discrete subparts, pushing the total over the limit and requiring leave under the rule.
Dominic Drake gave a long statement to police that mentioned both his own actions and those of a codefendant. Only the portions directly against his own interest qualified as discrete remarks admissible under the exception.
Demetrius Douglas owned beachfront lots rendered unusable by new coastal rules. The regulation eliminated all economically beneficial use of each discrete parcel, triggering a categorical taking claim.
Delilah Duran challenged the city's plan to transfer her lot to a private developer. The plan targeted one discrete property among many for economic redevelopment rather than a general public facility.
Diego Duarte owned a terminal building subject to landmark restrictions. The city evaluated the impact on the entire landmark site rather than isolating discrete air rights above the structure.
Darius Dixon was charged under a federal gun law near a school. The statute lacked any requirement linking the discrete possession to interstate commerce, rendering it beyond Congress's power.
A court examines whether each subpart asks about a separate subject or seeks distinct information. If the subparts stand alone without depending on one another, they count individually toward the limit.
Supporting sources
Only genuinely self-inculpatory remarks qualify. Portions that merely shift blame to others or provide context do not become admissible simply because they appear in the same narrative.
Supporting sources
The statute requires deaths to occur at one distinct site rather than scattered places. A single crash site satisfies the requirement even if the overall event spans a larger area.
Supporting sources
…274 U. S. 603 (1927), development of particular parcels.[^maj-27] “Taking” jurisprudence does not divide a single parcel into discrete segments and attempt to determine whether rights in a particular segment have been entirely abrogated. In deciding whether a particular governmental action has effected a taking, this Court…