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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 motion should be pretty quickly forthcoming so as not to hinder the courts docket.

On the other hand, if it is a complicated motion, submitted far in advance of the trial, and covers a lot of legal ground and/or raises a lot of legal issues, then the court may need time to study and consider the request.

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13y ago
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1w ago

The timeline for approval of a motion for discovery can vary depending on the court's schedule, the complexity of the case, and whether the opposing party files any objections. Generally, it could take a few weeks to a couple of months for a motion for discovery to be approved by the court.

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How long does it take to quash a motion?

The time it takes to quash a motion can vary depending on the complexity of the case, the court's schedule, and the specific circumstances of the motion. It generally takes several weeks to months for a court to make a decision on a motion to quash.


What is motion for discovery?

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.


How long does it take a judge to rule after filing a motion in a criminal case?

The timeline for a judge to rule on a motion in a criminal case can vary widely depending on the complexity of the motion, the court's schedule, and other factors. In some cases, a judge may rule on a motion relatively quickly, within a few days or weeks, while in other cases it may take longer, potentially even months. It's best to consult with an attorney familiar with the specifics of the case for a more accurate estimate.


What is discovery and how does electronic discovery differ from traditional discovery?

Discovery is the process in legal proceedings where parties exchange relevant information and evidence. Electronic discovery specifically involves the identification, preservation, collection, and analysis of electronically stored information (ESI) such as emails, documents, and other digital files. Unlike traditional discovery methods, electronic discovery requires specialized tools and techniques to manage the volume and complexity of ESI.


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The time it takes to get a court date can vary depending on the court's schedule, the complexity of the case, and the backlog of cases. In some cases, it can take several weeks to several months to get a court date. It is best to consult with a legal professional for more specific information related to your case.

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How do you do a motion to compell?

Any "motion" is a request to a court to take some action. Motions to compel occur in the "discovery" phase of a civil case when the parties are allowed to learn about each others positions. Discovery, in general, is intended to facilitate a trial on the facts, rather than by ambush. Discovery in a civil or criminal case is governed by rules of procedure. Among the parameters of the rules is the amount of time within which the non-propounding party has to respond to the discovery request(s) of the propounding party. The discovery can be in the form of interrogatories (written questions), or a request for production of documents. While there are other forms of discovery, these two best illustrate the function of a motion to compel. In short, if the discovery is not provided within the requisite amount of time, or objections to the discovery not timely served within that time, the proponent of the discovery may file a motion to compel. This is a request to the court to require the recipient of the discovery to furnish it to the proponent. An order compelling the discovery generally results from the motion, which gives the party to whom the discovery was sent some additional, usually shorter, amount of time to comply. If there is no compliance with the order, further sanctions can ensue if requested.


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