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discovery [2016/03/25 21:58] – toc moved Carlos Pedraza | discovery [2018/12/08 11:48] (current) – Carlos Pedraza | ||
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- | {{:: | + | {{:: |
====== Discovery ====== | ====== Discovery ====== | ||
{{TOC}} | {{TOC}} | ||
+ | < | ||
+ | //**__ __**// <wrap lo>**By [[user> | ||
+ | </ | ||
/* <wrap lo>//See also: [[http:// | /* <wrap lo>//See also: [[http:// | ||
- | **Discovery**, | + | **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. | ||
+ | |||
+ | <WRAP right round tip 320px> | ||
+ | [{{ : | ||
+ | <wrap lo> | ||
+ | </ | ||
===== Civil Discovery in the United States ===== | ===== Civil Discovery in the United States ===== | ||
+ | |||
<wrap lo>//See also: [[wp> | <wrap lo>//See also: [[wp> | ||
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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%> | ||
+ | {{ : | ||
+ | <wrap lo> | ||
+ | </ | ||
+ | |||
* Information that is privileged. | * Information that is privileged. | ||
* Work product of the opposing party. | * Work product of the opposing party. | ||
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==== Scheduling Conference ==== | ==== Scheduling Conference ==== | ||
+ | |||
+ | {{page> | ||
+ | |||
<wrap lo>//See also: [[Scheduling conference]]//</ | <wrap lo>//See also: [[Scheduling conference]]//</ | ||
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===== Discovery Plan ===== | ===== 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: | 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: | ||
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- **Request for production** of documents, asking for documents, electronically stored information, | - **Request for production** of documents, asking for documents, electronically stored information, | ||
- | In most federal courts the formal requests for interrogatories, | + | In most federal courts the formal requests for interrogatories, |
===== 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:// | + | <wrap lo>//See also: [[protective_order|Protective |
- | <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> | + | |
+ | < | ||
+ | <wrap lo>Portions of this article were adapted from the article, **[[wp> | ||
</ | </ | ||
+ | |||
+ | > 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:// | ||
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**Keywords** {{tag> | **Keywords** {{tag> |