Questions tagged [discovery]

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1answer
36 views

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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3answers
276 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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2answers
126 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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0answers
61 views

Discovery question

In a criminal trial (DV related), can the prosecutor bring evidence into trial (such as text messages) without sharing them in discovery first? I assume that's a no-go?
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3answers
119 views

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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1answer
70 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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1answer
84 views

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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1answer
47 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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1answer
179 views

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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0answers
23 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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1answer
47 views

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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2answers
141 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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0answers
25 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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1answer
62 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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1answer
252 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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2answers
191 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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2answers
54 views

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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1answer
129 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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3answers
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, ...
2
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1answer
84 views

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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1answer
110 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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2answers
61 views

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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1answer
877 views

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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1answer
146 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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2answers
59 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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1answer
66 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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3answers
811 views

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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1answer
132 views

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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3answers
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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1answer
62 views

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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3answers
1k views

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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2answers
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 ...
3
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3answers
191 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 ...