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+ | {{:: | ||
+ | ====== Discovery ====== | ||
+ | {{TOC}} | ||
+ | < | ||
+ | //**__ __**// <wrap lo>**By [[user> | ||
+ | </ | ||
+ | /* <wrap lo>//See also: [[http:// | ||
+ | |||
+ | **Discovery**, | ||
+ | |||
+ | Discovery can be obtained from parties not directly named in a suit using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. | ||
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+ | <WRAP right round tip 320px> | ||
+ | [{{ : | ||
+ | <wrap lo> | ||
+ | </ | ||
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+ | ===== Civil Discovery in the United States ===== | ||
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+ | <wrap lo>//See also: [[wp> | ||
+ | |||
+ | Under the law of the United States, civil discovery is wide-ranging and can involve any material which is " | ||
+ | |||
+ | Certain types of information are generally protected from discovery, including: | ||
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+ | * Information that is privileged. | ||
+ | * Work product of the opposing party. | ||
+ | * Information shared between spouses. | ||
+ | * Juvenile criminal records. | ||
+ | * Peer review findings by hospitals in medical negligence cases. | ||
+ | * Other types of evidence for reasons of privacy, difficulty and/or expense in complying and for other reasons. | ||
+ | |||
+ | ===== Impact of Discovery ===== | ||
+ | |||
+ | In practice, most civil cases in the United States are settled after discovery.(([[http:// | ||
+ | |||
+ | ===== At the Federal Level ===== | ||
+ | <wrap lo>//See also: [[wp> | ||
+ | |||
+ | Discovery in the United States is unique compared to other common law countries. In the United States, discovery is mostly performed by the litigating parties themselves, with relatively minimal judicial oversight. The Federal Rules of Civil Procedure guide discovery in the U.S. federal court system. | ||
+ | |||
+ | ==== Scheduling Conference ==== | ||
+ | |||
+ | {{page> | ||
+ | |||
+ | <wrap lo>//See also: [[Scheduling conference]]//</ | ||
+ | |||
+ | According to the Federal Rules of Civil Procedure, the plaintiff must initiate a [[scheduling conference|conference]] between the parties after the complaint was served to the defendants, to plan for the discovery process.(([[http:// | ||
+ | |||
+ | ===== Discovery Plan ===== | ||
+ | <wrap lo>//See also: [[Joint statement]]//</ | ||
+ | |||
+ | In the scheduling conference the parties attempt to agree on the proposed discovery schedule, and submit a proposed Discovery Plan to the court within 14 days after the conference. After that, the main discovery process begins which includes: | ||
+ | - **Initial disclosures**, | ||
+ | * People who may have discoverable information, | ||
+ | * Description by category and location of documents that the disclosing party may use to support its claims or defenses. The actual copies of the documents can be either attached with the initial disclosures, | ||
+ | * Computation of each category of damages claimed by the disclosing party. | ||
+ | * Any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment. | ||
+ | - **Depositions** | ||
+ | - **Interrogatories**, | ||
+ | - **Request for admissions**, | ||
+ | - **Request for production** of documents, asking for documents, electronically stored information, | ||
+ | |||
+ | In most federal courts the formal requests for interrogatories, | ||
+ | |||
+ | ===== Public Disclosure ===== | ||
+ | |||
+ | <wrap lo>//See also: [[protective_order|Protective order]]//</ | ||
+ | |||
+ | According to the Federal Justice Center, evidence formally submitted to the court, either at trial or for consideration by the judge, is generally eligible for public disclosure, unless parties successfully seek a protective order. | ||
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+ | </ | ||
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+ | > Parties now undertake discovery away from the court. Experience has proved confidentiality protective orders to grease the wheels of discovery in many cases. Parties are often more willing to produce requested discovery when they know that such production does not necessarily make the information public.(([[http:// | ||
+ | |||
+ | ---- | ||
+ | **Keywords** {{tag> |