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What is a motion for discovery?

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A motion is a request to the court to enter a particular order. A motion for discovery is a request to the court to order the opposing party to produce discovery materials. Discovery materials differ depending on whether the pending matter is a civil or criminal case. Discovery is generally intended to allow parties to know what to expect at trial. Knowing the other side's case encourages pretrial resolution and facilitates the presentation of evidence at trial.



The local state or the federal Rules of Civil Procedure govern what material is discoverable in a civil case and how it can be discovered. In general, discoverable material in civil cases is any material that might lead to evidence that would be admissible in court.



In criminal cases, discovery is governed by the Rules as well as by caselaw. A criminal defendant is entitled as a constitutional right to discover anything the prosecution has that tends to show the defendant did not commit the offense charged, even if the prosecution does not believe the evidence. Many state and federal courts have open file discovery, which means that defense counsel can see the prosecution's file. Giving copies to the client-defendant, however, can be limited or even forbidden. (See e.g., local rules of the Federal District Courts in the Western District of North Carolina.)



Contrary to the original posting here, Grand Jury material is generally not discoverable. Grand Jury proceedings are sealed and confidential except in very rare circumstances.
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What is motion for discovery?

A motion for discovery is when a request is put in to the court to  order the opposing part to produce discovery materials. Depending  on whether the matter is a criminal or

What is a motion of discovery?

A category of procedural devices employed by a party to a civil or criminal action, prior to trial, to require the adverse party to disclose information that is essential for

What is a motion for additional discovery?

A motion for additional discovery is a request to the court for more than the standard amount of discovery under that court's rules of procedure. Typically, in order to avoid

How long does a motion of discovery take for approval?

There is no statutory timeframe for this action. If the trial is at a point where it is either already in session or it is contemplated to start imminently, the ruling on the

Why cant you get a copy of your motion of discovery?

If you filed a Motion for Discovery, it would be in the clerk's record. You can appear at the clerk's office and request a copy. It is public record, and therefore open to the

How to file motion to compel in discovery?

I'm not entirely sure what you're asking, but I'll answer this based on what I think you mean: If the parties in a case have hit a brick wall regarding what one party believe

Where do you get the form for motion for discovery?

the first place I would contact is the clerk of your district court . Some states provide forms for this and other legal issues. Some do not, which would require you to find t

Why file Motion discovery?

A discovery motion lets you know what evidence the other side has. Normally, you are not allowed to surprise the other side with evidence they didn't know about, unless thei