Questions tagged [discovery]

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Can medical records ever be subpoenaed or discovered in any judicial context?

My understanding is that medical records are legally privileged. What does this actually mean? Can they ever be required by a court to be disclosed under any context, or for any reason? (e.g. if ...
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14 votes
3 answers
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Could Alex Jones' lawyer have claimed back the data he should have produced in discovery?

As I understand it from the news and some blogs: Alex Jones and his lawyers were asked during discovery to provide any message from his cellphone that did mention the Sandy Hook massacre. He claimed ...
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24 votes
1 answer
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Was Alex Jones's attorney handing over phone-record evidence a "mishap" or required by law?

CNN reports on Alex Jones's case regarding Sandy Hook as follows: Jones, who was the sole witness for the defense during the trial, did not fare well Wednesday as he was cross-examined by the ...
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2 votes
4 answers
142 views

Can a company or lawyer force someone to turn over an encryption key?

In the Office episode The Deposition, Jan sues Dunder Mifflin for wrongful termination. During the deposition she pulls out Michael's journal to help her case. Suppose Michael encrypted his entries (...
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1 vote
1 answer
259 views

Will Twitter's lawsuit against Elon Musk allow him to force disclosure of the bot data he was seeking from Twitter?

Elon Musk made an offer to Twitter to buy the company. Twitter's board accepted. Apparently Twitter had some obligations in the fine print to disclose certain aspects of their userbase (there is a ...
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2 votes
2 answers
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e-Discovery: How mandatory are the data fields requested by the Congress?

Some data requests sent by the US Congress sound like they require some metadata fields to be populated attached to files, “unmodified”. For example, this request (as do other similar ones) says: ...
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9 votes
1 answer
464 views

Discovery process and evidence in a "foreign" language

During the discovery procedure, the parties can obtain some evidence from the other party(ies) or non-parties. In the situation that interests me, one of the parties has evidence that is in a language ...
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1 vote
3 answers
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Family sue police over existence of body camera footage

The media indicates: https://abcnews.go.com/US/lawyers-breonna-taylors-family-sue-police-existence-body/story?id=78753109&cid=clicksource_4380645_1_heads_hero_live_hero_hed The lawsuit, filed in ...
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0 votes
1 answer
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Evidence Estoppel

It is in the interest of the courts to that Florida HOA records are accessible so as to ensure that it is possible to resolve difference before bringing them to an authoritative adjudicating body. ...
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0 votes
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Can a defendant in a child pornography case get access to the actual material as evidence in California?

I am engaged in a semi-civil discussion regarding a recent case about a person in California who is accused of being in possession of child pornography. The person on the other side is of the opinion ...
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3 votes
2 answers
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How does discovery work for financial crimes?

There is a case in the news at the moment about the post office securing 736 convictions for false accounting and theft that later some were overturned on the basis of an accounting error made by an ...
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2 votes
1 answer
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Remedies for missing discovery

What happens, or what remedies are offered to a plaintiff, when a defendant in a civil action does not provide complete discovery? Suppose: The plaintiff requested discovery of "all emails sent ...
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0 votes
3 answers
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What is the difference between a subpoena and a court order?

In the context of trying to get someone’s real personal information from online/social media accounts, which is necessary?
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1 vote
1 answer
123 views

In California, what is the law that authorizes the moving party of motion for protective order not to comply with the discovery in question?

Some attorneys say so (e.g. https://www.avvo.com/legal-answers/is-the-discovery-process-halted-when-a-motion-for--3637798.html), but when I looked into the statute (CCP 2030.090, 2031.060, 2033.080), ...
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1 answer
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Is surveillance video discoverable in an invasion of privacy case in New Jersey?

A neighbor was doing some work near the border between two properties so a security camera was put up to monitor for any trespass or damage which had been a problem in the past with this person. ...
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3 votes
1 answer
60 views

How do plaintiffs get emails relating to companies they are suing?

For example in the case of IBM getting sued over age discrimination, the plaintiff somehow got emails showing that upper management instructed his director manager not to transfer him but to fire him. ...
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1 vote
0 answers
25 views

Are FULL documents required for discovery or will portions suffice?

Simple question. When supplying documents for discovery must one supply the whole document or just pertinent portions? Example - In dispute is a % or a closing date. The key info is available in a 10-...
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0 votes
1 answer
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What is needed to start discovery on a civil conspiracy claim?

Say that a plaintiff alleges that defendants X and Y have engaged in a civil conspiracy, and wants to subpoena communications between X and Y regarding the plaintiff. If the plaintiff is already ...
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1 vote
0 answers
30 views

Does a client have custody and control over lawyer's documents?

A Plaintiff propounds a document request on a defendent who was a client of an attorney. Does this client have custody and control over his own attorney's documents?
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1 vote
1 answer
69 views

Am I obligated to provide information which is publicly available?

If I am involved in a civil case and I am served with a discovery motion to provide certain information, but this information is publicly available (such as employment history, residential address, ...
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1 vote
1 answer
456 views

Using interrogatory or depo to ask libel defendant what facts she relied on in making statement

In a libel case, should I ask the publisher of the statement what facts she relied on in deposition or via interrogatory? I'm concerned that since an interrogatory can be supplemented, that her ...
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6 votes
2 answers
154 views

Counterparty fails to respond to discovery, should I make another pleading or object at trial?

I have a civil trial coming up. I have been accused of speeding in a motor vehicle and plan to defend myself against this false charge. I made a motion for discovery which was for very basic ...
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3 votes
2 answers
208 views

Can the DA refuse me discovery because I'm pro se

When I started to strongly feel that my court appointed atty was trying to get me "the best deal" rather than actually defend me against a crime that he admitted there really wasn't evidence I ...
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0 votes
1 answer
147 views

Ordered to hand over all messages with Plaintiffs name, though not being used in defense. Is this really allowed and enforceable in CA?

My friend (Jane, NY resident) is being bullied by a high net worth person (John, father of her child) in family court(NY) but she is doing fine in that case despite having very little money and going ...
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2 votes
1 answer
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What practical confidentiality protections can BSA offer to software piracy whistleblowers?

This question refers to a form for reporting software piracy. That page has an FAQ question: If I report software piracy to the BSA, will my name be kept confidential? Your name will never be ...
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3 votes
1 answer
130 views

How can I determine whether a copyright troll actually owns the copyright they claim?

In recent years "copyright trolls" have been sending demand letters to web sites that claim images found on the sites infringe copyrights, and that they (the trolls) are authorized to settle the ...
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1 vote
2 answers
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Non-Party Request for Documents under Litigation Hold

Assume that Party A has brought a civil lawsuit against Party B. Assume further that Party A has issued a document preservation demand upon Party B covering all documents in Party B's possession, ...
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0 votes
2 answers
134 views

discovery objections

suppose a party is seeking discovery on an opponent. The opponent refuses to answer discovery because they say "irrelevant, not related to the claims". If the opponent does that on interrogatories ...
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-1 votes
1 answer
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Public defenders not getting discovery evidence in sufficient time, is this Court Misconduct?

In my legal situation described here, I called the public defender several times ahead of the first pretrial meeting requesting to meet with him and let him know the truth, the broader case (the ...
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1 vote
1 answer
183 views

What can I do if police did not record video in car dashcam for a traffic ticket in NJ, USA?

Are police required to record in car dashcam video for traffic tickets in NJ, USA? A town in NJ said not all of their police cars record video. Is there any way to find out if they aren’t telling the ...
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-1 votes
1 answer
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Motion or Demand for Discovery (NY) (Family Law) [closed]

Note: I am a truther-activist and a great father, I just owe the government a few thousand dollars. I am respectfully seeking your knowledge. Scenario: My legal fiction is being summoned; first ...
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1 vote
2 answers
64 views

Why would corporate house counsel be limited by unsupervised discovery?

Source: The Betrayed Profession (1994), p. 11 Middle.  Indeed, even today we have significant areas of law where lawyers must pledge not to do what their clients would wish them to do. Judges ...
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4 votes
1 answer
82 views

Discovery of evidence seized in a criminal investigation

The recent raid of Michael Cohen’s office and residences has led me to wonder about the interplay between discovery in federal civil procedure and evidence seized in a criminal investigation. (The ...
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-1 votes
1 answer
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Are traffic court prosecutors required to watch dashcam videos before presenting officers witness testimony?

Dashcam video can contradict an officer's testimony or police report, so are prosecutors required to watch dashcam video before trial to ensure the officer's testimony is true? When a discovery ...
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0 votes
3 answers
302 views

When do depositions require a court reporter?

I've looked at some rules of civil procedure that suggest that a deposition must always be attended by a court reporter. But my impression (perhaps resulting from too much TV) was that depositions ...
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0 votes
3 answers
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What determines the valid jurisdiction for a subpoena for written information collected by a 3rd party who has connections to multiple jurisdictions?

Which of the following affect the valid jurisdiction: The location of the collecting party? What if the party (resides/does business/practices/is licensed) in more than one state? The location ...
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0 votes
1 answer
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Personal, Subpoena'd Information that's Exculpatory is 'Missing'

If information is acquired by a prosecutor that is potentially exculpatory but misplaced, what should a defense attorney do, and what (beyond admonishment) would a judge ordinarily do?
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1 vote
2 answers
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Publish a paper on ligation support analytics

I am lead developer on the server side of some litigation support software. I want to publish a paper as an individual. I have talked to my company and they will review the paper and they have the ...
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3 votes
2 answers
3k views

Plaintiff didn't respond to discovery - and later settled - can I get any legal fees back?

I was sued in New Jersey on (IMHO) pretty shaky grounds. I hired a pricey lawyer ($495/hr) to try to take care of it quickly. It was clear to me that the other side didn't have any intention to go ...
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6 votes
3 answers
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At what times during the litigation process is discovery allowed?

My divorce was finalized a couple of years ago. My ex recently filed a Motion for Contempt over some bills that were not paid that I was ordered to pay. These bills were all in her name and the ...
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2 votes
3 answers
2k views

Subpoena vs Motion to Compel

Are there clear rules on when to use subpoenas for discovery as opposed to requests? E.g., is it correct that subpoenas are supposed to be served for discovery from third parties to a legal action, ...
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3 votes
3 answers
204 views

Discovery and Efficiency of Process

Does discovery have to proceed step-wise, or is it possible (or even routine) to combine the discovery process whenever possible? Here's a hypothetical example of what I mean: I am suing an employer ...
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2 votes
3 answers
2k views

Can you get Discovery on an Austin TX traffic citation before requesting a trial / appearance?

In Austin, Texas, you are given several options for an alleged traffic speed violation, which, other than the Request Trial and the Pay options, include a Driving Safety course option, and a Deferred ...
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