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34 votes

Was Alex Jones's attorney handing over phone-record evidence a "mishap" or required by law?

Was Alex Jones's attorney handing over phone-record evidence a "mishap" or required by law? The discovery phase, which concluded before the trial began, required Alex Jones to provide texts ...
Lag's user avatar
  • 17.5k
28 votes
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When did criminal discovery rules substantially form?

When did the discovery/disclosure rules as we know them today substantially form? In the United States, the constitutional right to criminal discovery was established in Brady v. Maryland, 373 U.S. ...
ohwilleke's user avatar
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15 votes
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Could Alex Jones' lawyer have claimed back the data he should have produced in discovery?

This is a civil case in Texas. See Texas Rules of Civil Procedure, Rule 193.3(d) and guidance. In the current PDF May 1 2022 those are on pages 199 and 121 respectively and I reproduce them below. My ...
Lag's user avatar
  • 17.5k
14 votes

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

Yes in general Generally, almost all western jurisdictions (be they civil law or common law) have some way to get medical records into evidence, be that via subpoenaing, or by discovery requests or ...
Trish's user avatar
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13 votes
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Discovery process and evidence in a "foreign" language

What interests me, is if the company that will be fulfilling the "abracadabra" request is able to not provide "hocus pocus" emails (internally — or later in the litigation, if the ...
ohwilleke's user avatar
  • 224k
12 votes

An attorney can't afford to pay for professional services to search & retrieve required documents for civil & criminal proceedings, what happens next?

As a general rule, failure to comply with a court order is not contempt of court if compliance is impossible. In the unusual scenario you describe, the outcome will depend on the specific legal ...
sjy's user avatar
  • 9,306
8 votes

What is the difference between a subpoena and a court order?

A subpoena is a kind of court order. Specifically it is an order to a particular person to appear and testify at a particular time and place. In many but not all cases, the order also requires that ...
David Siegel's user avatar
8 votes
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Discovery of Evidence - Context, Significance and Meaning?

canada The Crown's duty to disclose all materials and information, inculpatory or exculpatory, unless clearly irrelevant, does not extend to Crown "work product." The "work product"...
Jen's user avatar
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7 votes
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Will Twitter's lawsuit against Elon Musk allow him to force disclosure of the bot data he was seeking from Twitter?

If it’s relevant, yes However, Twitter’s position is that they have disclosed all the data that the contract requires them to disclose. It is likely that case will turn on whether they have or not. ...
Dale M's user avatar
  • 214k
6 votes
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Motion or Demand for Discovery (NY) (Family Law)

To paraphrase the Princess Bride: "I don't think those words mean what you think they do". The "truther-activist", "sovereign citizen", and "Citizen vs. Human Being" concepts will only hurt you. It ...
sharur's user avatar
  • 8,811
6 votes

Could Alex Jones' lawyer have claimed back the data he should have produced in discovery?

He can recall anything that has privilege or is a medical record Basically, the things you don’t have to produce in discovery. Anything that should have been produced can’t be clawed back. However, ...
Dale M's user avatar
  • 214k
5 votes

discovery objections

You could bring a motion to compel for failing to respond substantively to a motion to admit which is objected to, just as you could for an interrogatory. The process is the same. Normally, a request ...
ohwilleke's user avatar
  • 224k
5 votes

What is the difference between a subpoena and a court order?

A subpoena is a kind of court order, specifically one requiring the recipient to provide information to the court. A subpoena can be an appropriate order for a company to provide information to the ...
IllusiveBrian's user avatar
4 votes

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

A related post is here. Are police required to record in car dashcam video for traffic tickets in NJ, USA? Probably not. Is there any way to find out if they aren’t telling the truth? Ask ...
ohwilleke's user avatar
  • 224k
4 votes
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How do plaintiffs get emails relating to companies they are suing?

Discovery Basically, you ask. If your opponent thinks your request is out of bounds they object, give their reasons to the judge, you give yours and the judge orders them to produce the evidence or ...
Dale M's user avatar
  • 214k
4 votes

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

Yes. The same issue arose in ABRO Industries v. 1 New Trade, No. 3:14-cv-1984-TLS-CAN (N.D. Ind. 2017), where the defendant sought to compel the plaintiff to produce encrypted e-mails. The court ...
bdb484's user avatar
  • 60.8k
4 votes

An attorney can't afford to pay for professional services to search & retrieve required documents for civil & criminal proceedings, what happens next?

a mix of criminal and civil litigations against the attorney I don't think being an attorney really matters. If the actions are against an attorney, they should have their own attorney handling the ...
Jason Goemaat's user avatar
3 votes

Remedies for missing discovery

The answer depends on the jurisdiction, as always. But under the Federal Rules of Civil Procedure, which are the model for most American courts, there are all kinds of potential sanctions for ...
bdb484's user avatar
  • 60.8k
3 votes

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

Convention in U.S. process is to: Attempt "in good faith" to "meet or confer" with the opposing party to try to resolve the discovery dispute directly. Failing step #1, file a Motion to Compel with ...
feetwet's user avatar
  • 21.9k
3 votes

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

A party to a civil suit in a US court generally has wide latitude on discovery. If it is not completely implausible that one of those text messages might contain something helpful to the other side, ...
David Siegel's user avatar
3 votes

When do depositions require a court reporter?

Depositions must always be attended by a court reporter in every jurisdiction I have ever encountered (including Colorado, New York, California, Wyoming and Florida). Alaska may be an exception. Its ...
ohwilleke's user avatar
  • 224k
3 votes
Accepted

Why would corporate house counsel be limited by unsupervised discovery?

In-house counsel is presumed to be intimately familiar, in a way that retained counsel is not, with both the day-to-day operations of the business and its longer-term strategic planning. So imagine ...
bdb484's user avatar
  • 60.8k
3 votes

Family sue police over existence of body camera footage

You can read about the obligation to access public records under Kentucky law here. This page is the Louisville PD' statement about what is available. They state that "Some items have been ...
user6726's user avatar
  • 215k
3 votes

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

In some places, health care professionals are required to report certain types of violent injury to the police. Examples: Washington (gunshot wound, bullet wound, or stab wound), Florida (gunshot or ...
user3067860's user avatar
2 votes
Accepted

Discovery of evidence seized in a criminal investigation

The quick answer is a defendant will seek a stay of the civil litigation until the completion of the parallel criminal trial. The reasons why range from 5th Amendment implications all the way to ...
A.fm.'s user avatar
  • 2,840
2 votes

When do depositions require a court reporter?

A court reporter isn't strictly required in CA. (See CA Civ Pro Code § 2093) Oaths can be administered by a notary, for example. But the default under the code is to require a court reporter. Code of ...
George White's user avatar
  • 12.8k
2 votes
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Public defenders not getting discovery evidence in sufficient time, is this Court Misconduct?

The public defender says he regularly only gets discovery a day or two in advance, and in my case as I stated, only the morning of. Is this court misconduct? It is a serious breach of substantive ...
ohwilleke's user avatar
  • 224k

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