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 ...
- 14.8k
28
votes
Accepted
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. ...
- 195k
15
votes
Accepted
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 ...
- 14.8k
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 ...
- 33.5k
13
votes
Accepted
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 ...
- 195k
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 ...
- 8,632
8
votes
Plaintiff didn't respond to discovery - and later settled - can I get any legal fees back?
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 ...
- 11.2k
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 ...
- 113k
8
votes
Accepted
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"...
- 43.3k
7
votes
Accepted
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. ...
- 198k
6
votes
Accepted
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 ...
- 8,737
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, ...
- 198k
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 ...
- 195k
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 ...
- 4,821
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 ...
- 195k
4
votes
Accepted
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 ...
- 198k
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 ...
- 57.2k
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 ...
- 675
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, ...
- 113k
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 ...
- 21.7k
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 ...
- 195k
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 ...
- 57.2k
3
votes
Subpoena vs Motion to Compel
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 ...
- 11.2k
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 ...
- 57.2k
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 ...
- 210k
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 ...
- 576
2
votes
At what times during the litigation process is discovery allowed?
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 ...
- 11.2k
Only top scored, non community-wiki answers of a minimum length are eligible