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Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from other parties. This is by means of methods of discovery such as interrogatories , requests for production of documents , requests for admissions and depositions .
The Brady doctrine is a pretrial discovery rule that was established by the United States Supreme Court in Brady v. Maryland (1963). [2] The rule requires that the prosecution must turn over all exculpatory evidence to the defendant in a criminal case.
The counsel for the plaintiff (or the People) and the defendant attend the hearing to discuss pretrial matters pertaining to the case. The purpose of the hearing is to see if the rights of the defendant have been violated, and it is the duty of the judge to make sure that the oath of office is preserved under article 6 paragraph 2, supremacy ...
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 convention also applies to pre-trial discovery: obtaining of evidence prior to trial without the prior approval of a judge. While this is a common practice in many common law countries, it was felt unacceptable by many others. Countries can however object to application to pre-trial discovery through an objection according to Article 23.
Affidavit: A written or printed statement that someone makes after promising to tell the truth under oath. This document can be used as evidence in court. Arraignment: The first time a defendant ...
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 ...
In 2009, the Pretrial Justice Institute conducted a survey of state and local pretrial services programs in the United States. Of the 300 jurisdictions asked to participate, 171 responded. The survey found that 35 percent of pretrial services programs are administratively located in probation departments, 23% in courts, and 16% in jails.