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Where do you get the form for motion for discovery?

Updated: 8/20/2019
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10y ago

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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 - you are asking the court to order the prosecution to give you information. You have to justify your reasons for wanting the information, and the court will decide if it has enough merit to make the order. I believe all docs submitted to the court must have a case number on top right hand side. So in order to start filing forms you have to have been arraigned.

There is a saying that a person who represents themselves in a court of law has a fool for a client. Consider contacting a lawyer who can walk WITH you through the legal maze, and who will know exactly how to fill and file all docs for the courts.

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Q: Where do you get the form for motion for discovery?
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What is discovery motion?

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 civil case discovery materials vary.


What if a Plaintiff Refuses to answer to a motion for discovery?

If a party refuses to answer Discovery in a civil case, you can file a Motion to Compel, requesting that the court compel them to answer.


Can you file a motion to extend discovery and hearing dates after the cutoff date of discovery?

Yes. Whether or not your motion will be granted depends on a number of factors.


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 never find out about except through discovery.


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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.


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.


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