right to discovery?

Question

I'm curious....What exactly is right to discovery? Can someone pay a lawyer to find out things that people are saying to the police about them or can that information only be disclosed under certain circumstances?

Answer 1

The right of discovery exists once litigation has commenced. It is a right given to the parties to the litigation, whether civil or criminal.

In some states and in the federal system, criminal defendants have rights to some, if not all, the statements of witnesses generated for use against them. When they get the statements varies depending upon the jurisdiction.

Answer 2

The right to discovery in a criminal prosecution begins when the initial complaint (or indictment) is filed. This means that the defendant has a right to see every piece of evidence upon which the state will base its case. (within some limits that won't be discussed here... (discovery is a 2nd or 3rd year law course that covers a multitude of topics and is impossible to cover in this discussion))

In a civil prosecution, the plaintiff and defendant both have a right to discovery. However, those limits are regulated by the rules of civil procedure for each state.. without knowing more detail, I can't answer more specifically.

Consult an attorney licensed in your state. If you need a referral, contact your state or local bar association.

Answer 3

When there is a civil suit, an attorney can question parties in the case, under oath, in a deposition proceeding.