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The Federal Rules of Civil Procedure guide discovery in the U.S. federal court system. Most state courts follow a similar version based upon the FRCP, Chapter V "Depositions & Discovery" . FRCP Rule 26 provides general guidelines to the discovery process, it requires Plaintiff to initiate a conference between the parties to plan the discovery ...
According to the FRCP, the plaintiff must initiate a conference between the parties to plan for the discovery process after the complaint was served to the defendants. [1] The parties must confer as soon as practicable after the complaint was served to the defendants — and in any event at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b).
The U.S. federal court system hears cases involving litigants from two or more states, violations of federal laws, treaties, and the Constitution, admiralty, bankruptcy, and related issues. [2] In practice, about 80% of the cases are civil and 20% criminal. [ 1 ]
The Federal Rules of Criminal Procedure and U.S. Sentencing Guidelines require that the prosecution file a motion allowing the reduction. The court is not required to grant the reduction, and may decline to do so if it deems the information provided by the defendant to be untruthful, incomplete, unreliable, insignificant, not useful, or untimely.
Map of the U.S., showing areas covered by the Thomson West National Reporter System state law reports. These regional reporters are supplemented by reporters for a single state like the New York Supplement (N.Y.S. 1888–1938; 2d 1938–) and the California Reporter (Cal. Rptr. 1959–1991; 2d 1991–2003; 3d 2003–) which include decisions of intermediate state appellate courts. [3]
The bar against compulsory disclosure prior to the testimony of the witness whose statement is sought cannot be circumvented by resort to the Freedom of Information Act, [36] or Rule 16 of the Federal Rules of Criminal Procedure. [37] It is left to the discretion of the trial court to determine whether Jencks material can be delivered before trial.
Unlike some state courts, the power of federal courts to hear cases and controversies is strictly limited. Federal courts may not decide every case that happens to come before them. In order for a district court to entertain a lawsuit, Congress must first grant the court subject matter jurisdiction over the type of dispute in question.
Federal Rules of Civil Procedure (Official text in pdf format, from the administrative office of the Federal court system) Federal Rules of Civil Procedure - Latest Edition (www.federalrulesofcivilprocedure.org) 2016-2017 Amendments to the Federal Rules of Civil Procedure (Effective on December 1, 2016)