0
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.
Wiki User
∙ 13y ago
Wiki User
∙ 9y agoA 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.
Wiki User
∙ 11y agoA 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.
Wiki User
∙ 13y agoA 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 which to do it. An example is a witness or party is normally deposed only once. Only one set of Interrogatories are served on a party. If discovery reveals unforeseen but relevant facts that have not been covered by deposition and interrogatories already served, a party make make a motion for an order to be allowed additional discovery to look into those facts
Wiki User
∙ 14y agowith a pen lol!!
Add your answer:
Earn +20 pts
What does the discovery phase mean in a pending lawsuit?
In any trial a motion for discovery is filed so that each side knows what the other side has for evidence in their case. So in a civil trial the defendant files a motion for discovery to the plaintiff and copies the motion and sends it to the court. The Plaintiff would then respond with any and all information about the case. For example if you are being sued for a contract violation, the plaintiff should send you a copy of the contract that was signed.
Can you get a court order for information?
You can file a motion for discovery in an existing case that you have standing in, assuming you can show cause for why such is needful to the proceedings. An attorney could review your case and advise as to whether such would be appropriate.
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 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.
What is discovery and how does electronic discovery differ from traditional discovery?
Electronic discovery is frequently distinguished from traditional "paper discovery," which is the discovery of writings on paper that can be read without the assistance of computers
Can a motion to quash be appealed by the da?
No motion can be appealed, but any order, which emanates from such a motion, can be appealed.
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.
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.
Who was known for his discovery of the laws of motion?
Sir Isaac Newton
What happens if a Plaintiff of a Lawsuit refuses a motion for discovery?
They lose
Where is the Kids In Motion Playhouse Discovery Museum in Houma Louisiana located?
The address of the Kids In Motion Playhouse Discovery Museum is: 420 Lake Crescent Circle, Houma, LA 70360-7971
Who has to file for a motion of discovery?
lawyer or the defendant if he want copy of file
What are the release dates for Assignment Discovery - 1992 Elements of Physics Motion Force and Gravity?
Assignment Discovery - 1992 Elements of Physics Motion Force and Gravity was released on: USA: 28 September 2006
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 supporting the allegations that the debt is due and owing. Another point is that discovery is a process that takes place prior to the trial and the trial is where plaintiff proves its case. Therefore, a motion to compel discovery necessarily precedes proof of the debt.
Where did Isaac Newton discovery of laws of motion occur?
under an apple tree
