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During discovery, both sides exchange evidence to learn what the other side intends to use in court. Discovery refers to tangible objectsor anything that you can physically touch. For example, this may include a gun with fingerprints on it or a stack of physical documents.
Use clear and concise language as much as you can. Written discovery requests and responses should be technical not inflammatory. Make your arguments in motions and in court discovery requests are not the place to postulate the merits of your case. Use standard English.
Rule 5(d) is amended to provide that disclosures under Rule 26(a)(1) and (2), and discovery requests and responses under Rules 30, 31, 33, 34, and 36 must not be filed until they are used in the action. Discovery requests includes deposition notices and discovery responses includes objections.
In a formal discovery, you formally ask for information and documents. You can also ask other people for information. For example, you may need documents from your spouses employer. They also must respond.
Discovery requests typically follow a common format that you can mirror. First, list instructions detailing the request for production. Be sure to mention Rule 34 and Rule 26(b), which outline the scope of the discovery request. Its also necessary to include a section with definitions.
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