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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Where can you obtain information for filing a petition for a Motion of Discovery if you were defrauded by a car rental agency in Los Angeles and later placed on a 'Do Not Rent' list in Chicago?

Answer . \nTo obtain information about the procedure contact the office of the clerk of the appropriate state court (usually civil court) in the county in which the person(s) or business you wish to bring a suit against are located.\n. \nThe petition must relate directly to the information that ( Full Answer )

What is motion?

Motion is change of location or position of an object with respectto time. Change in motion is the result of an applied force. Motionis typically described in terms of velocity also seen as speed,acceleration, displacement, and time. However, the motion of anobject is only relative to the position o ( Full Answer )

What is the Corps of Discovery?

The Corps of Discovery was the group of people who accompanied Lewis and Clark through the Louisiana Purchase and the Oregon Territory. The Corps of Discovery consisted of 45 men including York (a slave), and Sacagawea.

Who discovery Mars?

nobody know who discoveryed mars i know this cuz i looked ever were to find it out cuz i had to do a poster for it

On a 2000 Land Rover Discovery the check engine soon light is on and Doesn't accelerate and has a jerking motion. What could be wrong?

Have the engine scanned for codes. It sounds like a PO300 code. That will be a random cylinder misfire.. Cylinder Misfire is nonsense...I have the same problem and the Discovery II workshop manual states that it's a THROTTLE POSTION SENSOR problem that causes the "Check Engine" light to come on and ( Full Answer )

What are the discoveries of science?

There have been many significant discoveries in science. Some ofthese include inventing electricity, the invention of thetelephone, and the invention of the microscope.

There are 2 defendants who commit a crime both are sent to prison and 1 defendant request a Motion of discovery so it can use the info against the co-defendant can this be stopped?

Ok, my son was in a Gang he commited a crime with other gang members, at the time of trial, my son denounced his relationship with the gang and all were sent to prison , now one of the gang members has been sent to the same prison and wants to request a motion of discovery so he can use the informat ( Full Answer )

When was the discovery of antibiotics?

Antibiotics are a medicine that was first discovered in the year1928. The man responsible for inventing them was named AlexanderFleming.

What are importance of these discoveries?

To relate others of there discoveries.to help other people to be comfort and convenience on science and technology. BY:Charmine n. Cagol

What is motion for discovery?

A motion for discovery is when a request is put in to the court toorder the opposing part to produce discovery materials. Dependingon whether the matter is a criminal or civil case discoverymaterials vary.

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 the preparation of the requesting party's case and that the other party alone knows or possesses.

When do you have motion?

When an unbalanced force act on a stationary body, it undergoes an acceleration in velocity and thus motion is produced \n

Why do you have motion?

because everything around has motion because the word motion comes from the word movement when we move its motion but we do not see motion so therefore motion is a force just like gravity because gravity is what pulls every object to the ground. when we push or pull it is force and that is motion pu ( Full Answer )

What is a discovery coin?

Its a valuable treasure or something that means alot to someone .. Or represents a pice of history.. Or certain memories and comfort ..tino ..tino

What was Galens discovery?

Galen's most famous discovery was the discovery that our body is controlled by nerves from our brain rather than popular belief at the time that our body is controlled by our heart.

If a person does not have a legal counsel can he file a motion of discovery for himself?

If a person is honestly representing themselves ( pro se ) they are afforded all the same privileges and opportunity that an attorney would have. The question is, will they know how to apply the law and use it properly? Most judges will discourage defendants from representing themselves, because if ( Full Answer )

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 expense and consumption of time, court rules limit the amount of discovery one party may take and the amount of time within w ( Full Answer )

What is motion and no motion?

When an object changes its position with respect to time, then the body is said ti be in 'motion'. When the body is at rest, it is state of 'no motion'.

What did the discovery of penicillin do?

It started a medical revolution in which bacterial sicknesses could be beaten, and spawned a new age in human history in which getting a common sickness is no longer a serious threat. The only downside is that bacteria are now much more resistant to thousands of drugs because we have misused them un ( Full Answer )

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 motion should be pretty quickly forthcoming so as not to hinder the courts docket. On the other hand, if it is a complicated ( Full Answer )

Why cant you file for a motion for discovery for grand jury?

Because it is a rule of legal procedure. For their consideration, the Grand Jury is only presented,with the basic PROBABLE CAUSE necessary to indict the defendant of the offense. Grand Juries never see all the subsequent evidentiary proof, which is eventually presented at a full-blown trial, therefo ( Full Answer )

What is the discovery of the moon?

They discovered that the moon has one-sixth of the gravity than on Earth. . the moon is one-fourth size of the Earth.

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 public.

Can a defendant file a Motion for Discovery of Information Necessary to Receive a Fair Trial or does it have to be a lawyer?

If you are representing yourself (pro se) you can but I wouldn't recommend representing yourself in a criminal proceeding. You can always get a court appointed attorney if you cannot afford one. I am assuming it is a criminal proceeding because you have listed your question in the "warrants" categor ( Full Answer )

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 believes is discoverable, but the other party doesn't, then you file a motion to compel. You can also file it if the 28 or 30 days ( ( Full Answer )

Does Plaintiff in a civil case have to prove the debt to a defendant before proceeding to motion to compel discovery?

No. As long as the complaint sets forth sufficient allegations of fact to support a finding that the debt is due and owing the case moves along to the point of discovery. The whole purpose of discovery, and therefore a motion to compel discovery when discovery is refused, is to ascertain the facts s ( Full Answer )

What is a discovery level 2 in a Motion to modify the parent child relationship?

In Texas, level 2 is when discovery begins when suit is filed and can continue until 30 days before the hearing. There can be no more than 50 hours of depositions. If more than two experts are called the oral deposition time can increase six hours per expert. No more than 25 written interrogatories ( Full Answer )

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 the templates on line - and usually for a fee. There is a definite format to all court documents. One thing about a motion - y ( Full Answer )

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 their lawyer was too dumb or distracted to file a discovery motion. Also, they may have evidence that helps you, that you will n ( Full Answer )

Sue discovered that adding mass to a balloon would affect the overall motion of the balloon. Which one of the laws govern sue's discovery (law of gravity newton's 1st newton's 2nd or newton's 3rd)?

All of them. -Gravity would certainly have its effect considering an addition inmass provides an addition in the weight of the balloon, however,the law of motion being discussed here is the 1st. The overallmotion of an object is related to its inertia. That is, itstendency to remain at rest, or in m ( Full Answer )

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

Discovery is the process by which both sides to a case are given the opportunity to learn about the facts of the case. Discovery can take many forms, such as written questions, document requests, depositions, and subpoenas. Discovery is often said to be the way to avoid "trial by ambush." It allows ( Full Answer )

What is 'motion'?

Motion is a body's change of position in space with regard to timecaused by a force or a transfer of energy. When a body is in motionit is performing work since there is a transfer of energy or theexertion of force. Space provides the arena for the motion and timemeasures the motion itself. No motio ( Full Answer )