Differences

This shows you the differences between two versions of the page.

Link to this comparison view

Both sides previous revisionPrevious revision
Next revision		Previous revision
discovery [2016/03/10 18:54] – Carlos Pedrazadiscovery [2018/12/08 11:48] (current) – Carlos Pedraza
Line 1: Line 1:
-{{::law-firm.jpg?500|}} +{{::law-firm.jpg|}}
 ====== Discovery ====== ====== Discovery ======
 +{{TOC}}
 +<WRAP>
 +//**__ __**// <wrap lo>**By [[user>cpedraza|Carlos Pedraza]]**</wrap>
 +</WRAP>
 +
 /* <wrap lo>//See also: [[http://www.nolo.com/legal-encyclopedia/formal-discovery-gathering-evidence-lawsuit-29764.html|Formal Discovery: Gathering Evidence for Your Lawsuit]]//</wrap> */ /* <wrap lo>//See also: [[http://www.nolo.com/legal-encyclopedia/formal-discovery-gathering-evidence-lawsuit-29764.html|Formal Discovery: Gathering Evidence for Your Lawsuit]]//</wrap> */
  
-**Discovery**, in the law of the United States and other countries, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as a request for answers to interrogatories, request for production of documents, request for admissions and depositions. 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.+**Discovery**, in the law of the United States and other countries, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as a request for answers to interrogatories, request for production of documents, request for admissions and depositions. 
 + 
 +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. 
 + 
 +<WRAP right round tip 320px> 
 +[{{ :ranahan_3.32.06_am.jpg?nolink&100|**Erin Ranahan**}}] 
 +<wrap lo>**DISCOVERY UNDERWAY** Axanar attorney [[Erin Ranahan]] told [[http://www.space.com/33259-star-trek-axanar-trailer-released-amid-lawsuit.html|Space.com]] in a June 23, 2016, article: "We are continuing settlement talks, and the discovery process is well underway. … We hope that the lawsuit will be resolved before the need to file any further motions with the court." By July 12, however, discovery had proceeded far enough for both sides to file for a [[protective order]] governing confidential information to be gathered in discovery.</wrap> 
 +</WRAP>
  
 ===== Civil Discovery in the United States ===== ===== Civil Discovery in the United States =====
 +
 <wrap lo>//See also: [[wp>Civil discovery under United States federal law]] and [[wp>Federal Rules of Civil Procedure]]//</wrap> <wrap lo>//See also: [[wp>Civil discovery under United States federal law]] and [[wp>Federal Rules of Civil Procedure]]//</wrap>
  
Line 12: Line 24:
  
 Certain types of information are generally protected from discovery, including: Certain types of information are generally protected from discovery, including:
 +
 +<WRAP right round important 50%>
 +{{ :terry.jpg?nolink|}}
 +<wrap lo>**SUBPOENA ISSUED** Axanar's former chief technologist and current critic, **Terry McIntosh**, was [[mcintosh_subpoena|served with a subpoena]] that went public on September 2, 2016. The subpoena points to other persons of interest to the plaintiffs, CBS and Paramount.</wrap>
 +</WRAP>
 +
   * Information that is privileged.   * Information that is privileged.
   * Work product of the opposing party.   * Work product of the opposing party.
Line 29: Line 47:
  
 ==== Scheduling Conference ==== ==== Scheduling Conference ====
 +
 +{{page>understanding}}
 +
 <wrap lo>//See also: [[Scheduling conference]]//</wrap> <wrap lo>//See also: [[Scheduling conference]]//</wrap>
  
Line 34: Line 55:
  
 ===== Discovery Plan ===== ===== Discovery Plan =====
 +<wrap lo>//See also: [[Joint statement]]//</wrap>
  
 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: 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:
Line 46: Line 68:
   - **Request for production** of documents, asking for documents, electronically stored information, or other tangible items that pertain to the subject matter of the lawsuit. For example, a party in a court case may obtain copies of email messages sent by employees of the opposing party.   - **Request for production** of documents, asking for documents, electronically stored information, or other tangible items that pertain to the subject matter of the lawsuit. For example, a party in a court case may obtain copies of email messages sent by employees of the opposing party.
  
-In most federal courts the formal requests for interrogatories, request for admissions and request for production are exchanged between the parties and not filed with the court. Parties, however, can file motion to compel discovery if responses are not received within the relevant time limits. Parties can file a motion for a protective order if the discovery requests become unduly burdensome or for purpose of harassment.+In most federal courts the formal requests for interrogatories, request for admissions and request for production are exchanged between the parties and not filed with the court. Parties, however, can file motions to compel discovery if responses are not received within the relevant time limits. Parties can file a motion for a protective order if the discovery requests become unduly burdensome or for purpose of harassment.
  
 ===== Public Disclosure ===== ===== Public Disclosure =====
-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. 
  
-> 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://www.fjc.gov/public/pdf.nsf/lookup/confidentialdisc.pdf/$file/confidentialdisc.pdf|Federal Justice Center: Confidential Discovery — A Pocket Guide on Protective Orders]], (2012), p.1.))+<wrap lo>//See also: [[protective_order|Protective order]]//</wrap>
  
-<WRAP round info> +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. 
-Portions of this article were adapted from the article, **[[wp>Discovery (law)]]**.+ 
 +<WRAP right round info 50%> 
 +<wrap lo>Portions of this article were adapted from the article, **[[wp>Discovery (law)]]**.</wrap>
 </WRAP> </WRAP>
 +
 +> 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://www.fjc.gov/public/pdf.nsf/lookup/confidentialdisc.pdf/$file/confidentialdisc.pdf|Federal Justice Center: Confidential Discovery — A Pocket Guide on Protective Orders]], (2012), p.1.))
  
 ---- ----
 **Keywords** {{tag>lawsuit plaintiffs defendants}} **Keywords** {{tag>lawsuit plaintiffs defendants}}