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If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You serve (mail) your motion to the other side.
How Does Someone Request Discovery? Discovery requests must be made in the form of a written motion. The request must be submitted to the opposing party or the State if in a criminal case.
Service may also be made in any other manner provided by law. A subpoena shall be served on a witness not less than three (3) days prior to the hearing.
One of the first things that a good criminal defense attorney will do when they take your case is file a Motion for Discovery. This is a formal written request for all of the evidence that the State has that is related to your case.
There are basically six types of discovery in family court: 1) interrogatories; 2) requests for production of documents and inspection 3) requests for admissions; 4) depositions; 5) subpoenas duces tecum; 6) physical and mental examinations.
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Steps Of The Discovery Process. There are four key actions in the discovery process which include interrogatories, request for documents, request for admissions, and depositions.
The purpose of discovery is to allow the parties to obtain full knowledge of the issues and facts of the lawsuit before going to trial. An experienced family law attorney will use discovery to help you identify the various strengths and weaknesses of each side of the case.
This is the formal process of exchanging information between the parties about the witnesses and evidence they ll present at trial. Discovery enables the parties to know before the trial begins what evidence may be presented.
Written questions, oral questioning, document production and admissions requests are generally allowed. Discovery was designed to to prevent trial by ambush. Interrogatories: Written questions from Plaintiff to Defendant, or from Defendant to Plaintiff.
The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with the summons and petition or after service of the summons and petition upon that party. The number of requests for admissions for each party is limited to thirty.

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