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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 ...


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 (...


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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 ...


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 ...


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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

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 ...


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 ...


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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 ...


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


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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

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


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.


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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

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 ...


1

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. ...


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.


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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 ...


1

General Rules Operationally, the limitations imposed by the court rules of the court where a lawsuit is pending governing subpoenas (Federal Rule of Civil Procedure 45 in federal civil lawsuits and similar rules in most state court sytems) are more restrictive than the limitations imposed on jurisdiction in civil lawsuits generally by the due process ...


1

Typically, a person (including a corporate person) is subject to a jurisdiction if they have a connection to it. Doing business within it is certainly a connection, so the jurisdictions of the business and the customer are both applicable. Similarly, where the information is can trigger jurisdiction. The person who has custody may also trigger jurisdiction. ...


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Try to go back to the source of the information, which you indicate was subpoenaed, to see if they have a copy and might be willing to re-send it.


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Most local bar associations have a publication that they distribute to their members. These are often in print and online. You could try one of them, or all of them. There is the EDDE Journal. This one is strange because it gets some serious people writing for it but distribution sucks. I cannot even find a home page for the journal, so here is a link to ...


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In Michigan, discovery is not allowed in small-claims court or civil-infraction actions. In district court, pre-judgement discovery is not permitted "except by leave of the court or on the stipulation of all parties". MRCP 2.302(A) Where discovery is available, the judge should issue an order setting "the time for completion of discovery". However, it seems ...


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I am assuming Federal Rules here; I am not sure about state courts. There are not clear rules. One court that confronted the issue found that "district courts that have addressed this issue... have taken conflicting positions" and also noted that leading treatises are also in disagreement. See Mortgage Information Services, Inc. v. Kitchens 210 F.R.D. 562 (...


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In practice, you serve all three of those requests at once: RFA (Request for admissions), IROG's (interrogatories), and RFP's (request for the production of documents) all get served together. If you decide, from a strategic perspective to serve them individually, then you need to do it in order. It is your right to do it that way, so as to craft questions ...


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The Federal Rules deal with this. Many federal rules are adopted by state courts so it's worth double-checking the local rule. FRCP 26(d)(3) as amended to Dec 1, 2015 Sequence. Unless the parties stipulate or the court orders otherwise for the parties’ and witnesses’ convenience and in the interests of justice: (A) methods of discovery may be ...


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It depends completely on the situation. How much money is involved, how much time do the attorneys want to burn, etc. In general, you should make all your requests up front, especially if it involves documents. Usually there are a time deadlines, so your discovery schedule will be constrained by those dates. If you do things that could be construed as ...


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