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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.
Wiki User
∙ 13y ago
Motion for discovery is a legal request made by one party in a court case to obtain information or evidence from the other party. It is typically used to gather facts, documents, or witnesses relevant to the case in order to prepare for trial. The information obtained through a motion for discovery can help both parties build their arguments and strengthen their cases.
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
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∙ 14y agowith a pen lol!!
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How long does a motion of discovery take for approval?
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.
What does the discovery phase mean in a pending lawsuit?
The discovery phase in a pending lawsuit is the period where both parties can request and exchange relevant information and documents related to the case. This phase helps each side understand the other's evidence and build their legal arguments. It includes procedures like depositions, interrogatories, and requests for documents.
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.
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 a certificate of discovery?
A certificate of discovery is a legal document that verifies the completion of the discovery process in a court case. It typically lists the documents and evidence exchanged between parties during the discovery phase of litigation. It serves as proof that both parties have complied with their obligations to disclose relevant information.
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
