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In England, discovery finally became available in the common law courts by the mid-1850s, after Parliament enacted the Evidence Act 1851 and the Common Law Procedure Act 1854. The right to discovery in the common law courts was "exercised somewhat more narrowly" than in chancery, but the point was that a litigant at common law no longer needed ...
Section 15 of the Judiciary Act of 1789 provided: [A]ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the ...
The Act provides that in any criminal prosecution brought by the United States, no statement or report in the possession of the United States which was made by a government witness or prospective government witness (other than the defendant) shall be the subject of subpoena, discovery or inspection until the witness called by the United States ...
The prosecutor's right to demand discovery is not as broad as the defendant's, as it is limited by the defendant's Fifth Amendment protection against self-incrimination. [6] Once reciprocal discovery is invoked, information that a defendant must disclose upon a prosecutor's request typically includes: Witness lists, Exhibit lists,
Faretta v. California, 422 U.S. 806 (1975), was a case in which the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings.
A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They ...
Focusing on five cases from the mid-1990s through 2006, Sherby argued that the availability of Section 1782 discovery makes it more likely that an American court will grant a forum non conveniens (inconvenient forum) dismissal in many lawsuits brought against American defendants. As a result, Sherby further argued, Section 1782 is a blessing in ...
§ 4. Discovery of classified information by defendants Codified to 18A U.S.C. § 4 | notes [Source: Added by section 4 of the Act of October 15, 1980 (Pub. L. 96–-456; 94 Stat. 2025), effective October 15, 1980] § 5. Notice of defendant's intention to disclose classified information Codified to 18A U.S.C. § 5 | notes