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2006-12-11 03:47:26 · 9 answers · asked by ra_ns_om 1 in Politics & Government Law & Ethics

refering to a court case

2006-12-11 03:49:35 · update #1

9 answers

Well, I got a speeding ticket, and got it removed using a note of discovery. It is simply a list of all the information I have legal access to. In my case, it contained items such as the radar gun's last calibration date, the last time the police officer had radar training, the amount of speeding tickets handed out by the officer, etc.

I assume it would be the same type of info in another case. It is probably just a letter requesting all of the info you have legal access to, along with all evidence against you.

P.S. The only reason this got me out of a ticket was the fact that all of this info takes the police department time to get, so it costs them money. It was cheaper for them to just dismiss the case than to actually get the information. In a more serious case, this would not help, but it still may give your lawyer info he needs.

2006-12-11 03:50:07 · answer #1 · answered by i hate hippies but love my Jesus 4 · 0 0

In a civil case, There is both written discovery and oral discovery. Written discovery may consist of a list of written questions called Interrogatories issued upon either the Plaintiff or the Defendant. These questions are intended to "discover" all relevant information or information that may lead to relevant information even if the information is not admittable as evidence at trial. However, there are some Interrogatories that you don't have to answer. For example, if the information sought or asked about is protected by some type of privilege such as lawyer-client or doctor-patient or if the question is too vague or broad or would cause undue burden on you to find the answer.

Other types of written discovery include "notices to produce documents" in which you are asked to copy and send relevant documents to the requesting party. In a civil personal injury case, they will often request medical bills and records, police reports and other investigative reports, tax reports and W-2s, photographs, etc. Another type of written discovery is a "request to admit." This is less common but it is where you are requested to either admit or deny certain relevant questions.

Oral Discovery mainly consists of depositions. This is where a party or a witness is asked questions live an in person in the presence of attorneys for both sides and a court reporter. The Deponant is sworn in under oath and asked questions for up to 3 hours.

2006-12-11 12:17:28 · answer #2 · answered by orzoff 4 · 0 0

It is a document submitted from a party to a civil suit to the opposing party or a criminal defendant to a prosecutor requiring the other party to turn over what ever documents are listed in the notice of discovery. If you do not comply, the party that requested the notice can ask the presiding judge to compel discovery. Also, some discovery notices contain questions asking things like "admit that you were ..." if you do not respond these questions may be deemed admitted.
Not everything requested on a discovery notice is always legit so speak with an attorney.

2006-12-11 11:53:01 · answer #3 · answered by Daz2020 4 · 0 0

Law. The compulsory disclosure of pertinent facts or documents to the opposing party in a civil action, usually before a trial begins.

Discovery
Modern pretrial procedure by which parties gain information held by the adverse party: Common types of discovery are Depositions, Interrogatories, and production of documents.


discovery

In law, pretrial procedures providing for the exchange of information between the parties involved. Discovery may be made through interrogatories, written questions sent from one side to the other in an attempt to secure important facts. It also can be made through depositions, whereby a witness is sworn and, in the presence of attorneys for both sides, is subjected to questions. (The written record of the proceedings also is called a deposition.) Other forms of discovery include an order of production and inspection, which compels the opposing party to produce relevant documents or other evidence, and requests for medical examination in cases in which a party's mental or physical condition is at issue.

2006-12-11 11:54:46 · answer #4 · answered by rollng_thundr 2 · 0 0

A notice of discovery is like if you got raided and when you go to court you ask for a notice of discovery, it means your requesting to know who reported you or called the police!

2006-12-11 11:50:22 · answer #5 · answered by jillybean 3 · 0 0

Earth is in itself a world of Discovery

2006-12-11 11:48:49 · answer #6 · answered by Linda 7 · 0 0

Notice of discovery is regarding some sort of legal action where information is needed. If this is for you you are probably in need of legal council.

2006-12-11 11:54:59 · answer #7 · answered by Jackie K 1 · 0 0

something filed so you can look at the evidence that is going to be used against you in a case.

For instance, if the prosecuter says you broke into a retail store, and they have it on video tape, you can file one to get a copy of the tape.

It keeps 'surprise' evidence from being thrown in at the last minute,and gives you an opportunity to defend yourself against it.

2006-12-11 11:52:36 · answer #8 · answered by Anonymous · 0 0

It's a "fishing expedition" - to try to find something to use in court as evidence, pro or con.

2006-12-11 19:05:26 · answer #9 · answered by alaskasourdoughman 3 · 0 0

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