Ad
related to: request discovery of all evidence
Search results
Results From The WOW.Com Content Network
Further discovery is available if initiated by the defendant. For example, a discovery demand might be for production of the names of witnesses, witness statements, information about evidence, a request for opportunity to inspect tangible evidence, and for any reports prepared by expert witnesses who will testify at trial. [33]
Unless all parties agree otherwise, the parties should submit to each other the Initial Disclosures under Rule 26(a) within 14 days after the conference. Only after the Initial Disclosures have been sent, the main discovery process begins, that includes: depositions, interrogatories, request for admissions and request for production of ...
In England, for example, when determining whether a party should be allowed to inspect documents, courts balance the party's need for that evidence against any public interests that would be protected by denying the request for inspection. [11] Courts may also impose sanctions on parties that do not comply with requests for inspection. [12]
Pursuant to FRCP 37, "On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action."
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. Exculpatory evidence is evidence that might exonerate the defendant. [3]
Once reciprocal discovery is invoked, information that a defendant must disclose upon a prosecutor's request typically includes: Witness lists, Exhibit lists, Access to physical evidence in the possession of the defendant for purpose of inspection and testing, and; Reports prepared by defense expert witnesses.
Get AOL Mail for FREE! Manage your email like never before with travel, photo & document views. Personalize your inbox with themes & tabs. You've Got Mail!
A motion in limine is distinct from a motion for a protective order, which is a request to prevent the discovery of evidence, and a motion to suppress, which can be raised by the defense in American criminal trials to prevent the admission of evidence that was obtained unconstitutionally.