8

The language that you're referring to, where it states that if they do not provide responses to legitimately served discovery requests in a timely manner, that they would be responsible for attorney fees, this does not refer to your attorneys fees that you incurred in defending the suit. It refers to attorneys fees that would (actually could) arise out of a ...


7

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 person to bring specified records or documents along. That is known as a subpoena duces tecum. In some cases this is used to, order the production of documents ...


6

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 has never succeeded, to my knowledge; It has failed multiple times. Let me tell you a little about myself to illustrate what I mean: I am a software developer (...


5

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 to admit would not be deemed admitted if a substantive objection was filed by the deadline, even if there was no express admission or denial. Only if the ...


4

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 that you're in an R&D intensive industry, and you've been sued by a competitor. The competition's in-house counsel has served you a request to produce ...


4

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 and hope you are not lied to. Can I contact the police chief, mayor, or municipal judge? You can contact the police chief or mayor if you can get through to ...


4

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 not. A lot of people think court cases have big “ah-ha” movements when a witness reveals something unknown on the stand. This rarely happens because there are ...


4

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 court about one of its users. For example, Watchtower Bible and Tract Society filed a subpoena to compel Reddit to turn over information related to one of its ...


3

This is a general answer based on the state of affairs in various jurisdictions. By that I mean it's not legal advice. Do not assume that the 20 days is the arraignment. Often the thing that happens when you show up at the 20 days is you talk to a D.A. (and I use that term lightly) who asks you if you are going to pay. Maybe offers you a "deal" which is ...


3

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 state constitution creates a right to participate in many kinds of legal and legislative proceedings remotely because the distances involved are often so great. ...


3

In a civil action: If you are serving written discovery on a party, under the federal rules of civil procedure, or in any state whose adopted the model rules, (rules 33-37 typically), you need only send your requests for interrogatories, the production of documents, or for admissions to the party (through their counsel unless they are pro se), accompanied by ...


3

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, then they might well be able to demand and obtain them. This would be true even if Jan has no plans to use any of them. If Jane thinks that there is something ...


3

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 discovery violations. Rule 37(b): If a party or a party's officer, director, or managing agent—or a witness designated under Rule 30(b)(6) or 31(a)(4)—fails to obey an ...


3

[As this case is sub judice, I will give only a general answer describing the disclosure process.] How does discovery disclosure work for financial crimes? Disclosure for all criminal investigations in England and Wales, including those in to financial crime, are carried out in accordance with Parts 1 and 2 of the Criminal Procedure and Investigations Act ...


2

Discovery can proceed at any time before trial/hearing on motion with the courts consent, or more typically during the time set forth in a scheduling order. When a motion for a finding of contempt is filed, it's unlike a regular complaint. You only get a small window to respond and at a minimum, you need to file an appearance and a motion to extend the time ...


2

E.g., is it correct that subpoenas are supposed to be served for discovery from third parties to a legal action, whereas discovery on a counterparty is supposed to be through requests? Generally yes (except that a counterparty can be subject to a subpoena to testify at trial in a civil action). My current understanding of custom is that a plaintiff ...


2

No You settled; it's over. Specifically, you have agreed to pay your own costs and have therefore waived this claim.


2

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 whether a judge might view using the more open civil discovery process to skirt the rules established for criminal case discovery. The details, including a handy ...


2

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 Civil Procedure - CCP PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) TITLE 4. CIVIL DISCOVERY ACT [2016....


2

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 criminal law (it is called a Brady violation) not to turn over discovery prior to a plea or trial, and it is also an ethical violation not to do so. Failure ...


2

In most jurisdictions, wouldn't the party accused of violating copyright be entitled to get that information, "required by law" under a discovery process? It depends. Sometimes a tip would allow BSA to independently develop evidence of infringement that wouldn't require naming you as a witness, other times the knowledge of a witness might be relevant to ...


2

A person or entity making a copyright claim need not respond to a request or "demand" that s/he establish ownership of the copyright or authority to represent the owner. Such a person could simply file suit. But a legitimate copyright owner would be likely to respond. If a "troll" actually files suit, s/he would need to establish ownership as part of the ...


2

No But that’s not what the DA has done. The DA gave you discovery when he gave it to your lawyer, it is not the DA’s problem. Sort it out with your ex-lawyer.


2

Sometimes. I don't know the rules in Texas, but in some jurisdictions, the rules allow for certain material to be designated as only available to counsel -- usually because of the sensitivity of the information, which might include addresses for police or witnesses, or child pornography, or other records that the court does not want to be widely released. ...


2

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 the court. Rules of Civil Procedure (e.g., FRCP 37) typically have strict requirements for filing such motions. Judges generally frown upon discovery disputes ...


2

Generally, discovery is for things which are not publicly available. Also, discovery requests must be specific, and specify exactly which documents are requested and in what format. If you were asked for publicly available information, you could ask the judge to quash the request arguing that 1) if it's available, then can get it themselves, or 2) if they ...


2

it would be a lot of work to formulate a bullet-proof response. Wouldn't that defeat the whole purpose of motion for protective order? No. The purpose of objections --and of motions for protective order-- is not to avoid doing "a lot of work", but to protect information the party considers unreasonable or which ought to be protected from discovery....


1

Yes. So long as compliance with the request by Party C does not run afoul of Party B's obligations to impose a litigation hold and prevent spoliation of evidence, it is generally free to share its documents with whomever it wants.


1

Based on other questions you have posted, I assume you refer to some jurisdiction in the U.S. Can Party B honor a request by a non-party to the lawsuit for production of a copy of a document covered by the preservation demand? Generally speaking, it can (absent any reasonable privacy issues, non-disclosure agreements, or judicial prohibitions), but ...


1

The text means that lawyers can be allowed by the court to examine documents that are going to be kept confidential to their client. The lawyer examines the document and demands to make public (for the lawsuit) those that are relevant. This way, the lawyer's client can be sure that no data is hidden, and the other party does not need to give its internal ...


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