Questions tagged [discovery]
57 questions
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Was Alex Jones's attorney handing over phone-record evidence a "mishap" or required by law?
CNN reports on Alex Jones's case regarding Sandy Hook as follows:
Jones, who was the sole witness for the defense during the trial, did not fare well Wednesday as he was cross-examined by the plaintiffs' attorney, Mark Bankston.
In a remarkable…
Rebecca J. Stones
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When did criminal discovery rules substantially form?
The apparent non-existence of any criminal discovery/disclosure in Anatomy of a murder (1959) has struck me as odd and wildly disturbing. The trial is just a series of surprises to both sides.
For example, the defense has no much idea what the main…
Greendrake
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Could Alex Jones' lawyer have claimed back the data he should have produced in discovery?
As I understand it from the news and some blogs:
Alex Jones and his lawyers were asked during discovery to provide any message from his cellphone that did mention the Sandy Hook massacre. He claimed he did not have any and he did not produce…
SJuan76
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Discovery process and evidence in a "foreign" language
During the discovery procedure, the parties can obtain some evidence from the other party(ies) or non-parties. In the situation that interests me, one of the parties has evidence that is in a language that is not common to the other party or the…
Anton
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In what circumstances could some of your DMs be forcibly disclosed to a plaintiff?
The other day I was reading about how rightsholders sometimes try to subpoena tech platforms for info on their users over issues of copyright. It got me thinking about privacy issues that don't involve your data being sold or hacked.
With that in…
JesseTG
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An attorney can't afford to pay for professional services to search & retrieve required documents for civil & criminal proceedings, what happens next?
If an attorney in the US is being required to produce substantial but selected legal records and documents for a mix of criminal and civil litigations against the attorney, and these documents are stored and archived via an expensive legal document…
uhoh
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Can medical records ever be subpoenaed or discovered in any judicial context?
My understanding is that medical records are legally privileged. What does this actually mean? Can they ever be required by a court to be disclosed under any context, or for any reason? (e.g. if demanded by another party during discovery?) Does it…
JosephCorrectEnglishPronouns
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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 information about the event, essentially a description of…
Cicero
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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 lenders couldn’t discuss anything with me without her…
user1208402
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Discovery On A Pro Athlete's Medical Files By New Team
We see so often in pro sports how a high quality player is transferred to another team and some time later it emerges that this player has a chronic condition affecting their performance - the same injury that put off the selling team from offering…
Trunk
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Discovery of Evidence - Context, Significance and Meaning?
(In US criminal proceedings) The Prosecution must provide all evidence against the Defendant to the Defense before the trial begins in the "Discovery process".
Is the Prosecution also required to explain the evidence and describe how they intend to…
abelenky
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Must a county attorney provide copies of documents to the individual charged before a bench trial?
In a Montana Justice Court (a Court of Limited Jurisdiction https://courts.mt.gov/courts/lcourt/ ), in a misdemeanor criminal case, must the county attorney provide copies of the written complaints or other documents to the individual charged before…
SomeSEuser
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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 rules for discovery begin on page 36.)
Suppose a…
Dennis
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Can a driver "demand" a blood test in Alabama?
Context
I understand that, in most states, you more or less must* consent to a chemical blood alcohol content test if arrested on suspicion of DUI.
In Alabama specifically, the law states (emphasis added):
The law enforcement agency by which such…
JamesTheAwesomeDude
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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. Out of curiosity how is this possible? I'm…
climaticrampallian
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