2006-11-16 05:01:39 · 6 answers · asked by christisham 2 in Politics & Government ➔ Law & Ethics
Rights of discovery are governed by your state's rules of civil and/or criminal procedure. You didn't indicate whether its a civil or criminal case.
In a civil case, then both the plaintiff and the defendant will propound discovery requests to the other party. These include, (but aren't limited to) Interrogatories, Request for Production of Documents, and Requests for Admissions. Other discovery includes the taking of depositions, both of the the plaintiff and defendant, and of potential witnesses.
In a criminal case the rules of discovery are a bit different. Generally, the State must turn over to the defendant all of the evidence that it has, (or copies) but may make a reasonable copying charge. In addition, the state is bound by both law and ethics to immediately disclose any exculpatory evidence that it has in its possession.
For more information on this, consult an attorney licensed in your state. If you need an attorney, contact your local or state bar association for a referral.
2006-11-16 05:15:26 · answer #1 · answered by Phil R 5 · 0⤊ 0⤋
Of course they do, unless you are a suspect or a terrorist, then you have no rights. So wait untill a Charge has been filed, then you file a motion for Discovery of Evidence, old law says that everything and anything you recieve is all that can be used in your case, but rules have changed on that also. Undiscovered or New Evidence can now be used on Appeal and in some actuall cases.
But as allways, ask an Attorney that you have as legal council.
2006-11-16 05:12:54 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Discovery rights vary by state and type of court. Almost invariably, in civil litigation, both sides are entitled to discovery. In the criminal context, the right is quite different...and in traffic court the rules may be something else entirely, again, dependent upon the jurisdiction.
2006-11-16 05:19:14 · answer #3 · answered by Anonymous · 0⤊ 0⤋
yeah but I don't understand it... when I wanted to fight my speeding ticket I asked for information regarding their radar guns and they wouldn't give me any information, said I had to wait for discovery. When I went to court to plead Not Guilty, I asked the judge when discovery was, and he said when the officer is standing next to you and all he is required to show you is the ticket, and you can see when the radar gun was last calibrated because he has to show him that.. and that is it.. how was I suppose to fight my case.. with no information and if discovery was during the trial
2006-11-16 05:13:16 · answer #4 · answered by katjha2005 5 · 0⤊ 0⤋
yes when I got my DUI my attorney waited for the case until we had discovery
2006-11-16 05:05:55 · answer #5 · answered by stephanieplum4404 2 · 0⤊ 0⤋
It depends on what country you are in. In the U.S. you are guilty and you are not allowed to prove your innocence unless you have a lot of money. If you do have a lot of money you can pretty much do anything you want and can't get charged with anything even if you try. Go to www.bewareofmichigan.com
2006-11-16 05:25:32 · answer #6 · answered by Anonymous · 0⤊ 1⤋