how to get the discovery papers with a lawyer who doesn't help

If you can't get them from your attorney, then the only place to get them is at the courthouse. You can try making an application to proceed "in forma pauperis" meaning you have no money and ask that the fees be waived. Report Abuse

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Do I need a lawyer to help with Discovery?

It is often necessary to have a lawyer help you with discovery. If you are representing yourself in your case, discovery may be a good part of your case to let a limited-scope lawyer handle on your behalf.

How do I get discovery from the prosecutor in a case?

If you are talking about having your public defender request the discovery from the prosecutor, then you should again make an appointment with your public defender and let your attorney know that you want him or her to file for a motion for discovery or additional discovery and the basis for the request.

How can our legal team help you during the discovery process?

Our legal team can help you during the discovery process, so give us a call as soon as you become involved in a lawsuit to get an experienced advocate on your side. What is the Discovery Process in Civil Litigation? In a civil case, a plaintiff has a burden of proving a claim against a defendant.

What is an example of discovery in law?

Generally, anything that is reasonably likely to lead to discoverable evidence can be sought through discovery. Perhaps the classic example of a discovery tool is a deposition. This happens when either party asks the other party or a potential witness to answer questions under oath.

What happens if the plaintiff does not give me responses to my discovery requests?

If the plaintiff does not respond to the court order, then you can file a Motion to Dismiss and you may win your case. Send a final request. If they do not respond to the final request within 30 days you can send the court an. All of the admissions are deemed as "admitted."

What types of evidence can be legally obtained during the discovery process?

Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and ...

What happens if you ignore discovery?

Failing To Respond To Discovery Can Lead To A Dismissal Of Your Case With Prejudice. In the practice of law, the discovery phase can be your best friend or your worst nightmare. Interrogatories, requests for documents, and depositions can make or break your case.

How do you make good objections to discovery?

Make it a lead-off “general objection.” Object to anything that is not relevant to the “subject matter” (no longer the standard) or not likely to lead to admissible evidence (no longer the standard). Don't say if anything is being withheld on the basis of the objection. Use boilerplate wording from form files.

Can a party ever refuse to produce certain documents for discovery?

If they produce documents which prove not to be producible under R. 7-1(1), they may be guilty of breaching their client's confidence; yet if they decline to produce they may breach their duty as officer of the court.

Which of the following Cannot be obtained during discovery in a case?

E-mail cannot be obtained during discovery. A deposition can be used at trial. A summons is served on a defendant and a subpoena is served on a witness.

What is a Rule 37?

Duty of counsel who participate in a Rule 37 conference: once counsel gives an undertaking to do something at a pre-trial conference it is the duty of that counsel to ensure that that undertaking is abided by.

What can a party do when the other side fails to respond to discovery requests?

To sanction a party failing to comply with discovery, the court can order attorney's fees, or they can order the fact you are seeking to establish as having been “established” for purposes of your case, because the other side will not respond to the discovery on this issue.

What is Rule 37 court?

The purpose of Rule 37 is to establish and regulate a judicial case management system to apply at any stage after notice of intention to defend or oppose is filed.

What is unduly burdensome discovery?

Unduly burdensome requests are a misuse of the discovery process. Employing a discovery method in a manner or to an extent that causes unwarranted annoyance, embarrassment, or oppression or undue burden and expense is one of the examples of misuses of the discovery process. CCP §2023.010.

How do I respond to discovery demands?

When you respond to a discovery request, you should make sure to do it within the timeframe listed in the discovery request or in the “scheduling order” if the judge issued one. In some cases, the judge will hold a court conference to establish a timeframe for discovery, motions, and the trial.

What is an overbroad discovery request?

An overly broad discovery request lacks specificity as to time, place, and/or subject matter being requested. However, overbroad is not a valid objection unless it can be shown that the request imposes an undue burden or seeks discovery that is not relevant to the subject matter of the case.

What is the first item of discovery a defense attorney receives?

The police report is sometimes the first item of discovery that a defense attorney receives. records—for instance, police personnel records, medical records relating to injuries, and witnesses’ criminal records.

Who must disclose to the defendant?

The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies:

What does the Constitution say about exculpatory evidence?

“Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment. The evidence doesn’t have to strongly indicate innocence in the way that an alibi, for example, would. It’s generally enough that the evidence provides significant aid to the defendant’s case. So, information that affects the credibility of a critical prosecution witness—like the fact that the prosecution offered its witness leniency in exchange for testimony—is among the kinds of evidence prosecutors have disclose. ( Giglio v. United States, 405 U.S. 150 (1972).)

What is exculpatory evidence?

“Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment.

What was the Maryland case?

Maryland was a 1963 U.S. Supreme Court case. In it the Court held that it’s a violation of due process for the prosecution to suppress evidence that the defense has requested and that is: favorable to the accused. In that case, Brady and Boblit had been convicted of first degree murder and sentenced to death.

What are the federal and state discovery statutes?

Federal and State Discovery Statutes. Brady and the cases related to it provide what’s essentially a baseline for what prosecutors have to turn over to the defense. The federal system and many states have statutes that entitle the defense to more material. (Sometimes the defense must request this material.)

What is the right to receive evidence before trial?

In general, a defendant has a right to receive this kind of material, called “discovery,” before trial.

What is a formal discovery?

Formal “discovery” is a legal process that can be used after a case has been filed. There are several discovery “tools” you can use to get information the other side has.

What are the tools used in discovery?

Some of the formal discovery tools include: 1 Interrogatories — written questions directed to the other party that the other party must answer in writing and under oath. The answers can be used at trial. 2 Depositions — oral, in-person questions that the person being deposed must answer under oath. You can take the deposition of a party in the case or of “third-parties,” which are people other than those directly involved in the case, like expert witnesses. Usually a court reporter takes down everything that is said in the deposition and produces a written transcript. It is also common to videotape a deposition. 3 Requests for production of documents — either for a particular document or a class of documents likely to be relevant to your case. 4 Requests for Admissions — when a party asks the other side to admit a statement is true, in general to allow the case to focus on what is truly in dispute. Responses to these written requests can be used at trial. 5 Subpoenas — written court orders requiring the other side or a third party to testify or produce certain physical evidence such as books, records, or other documents for inspection.

What is an interrogatory in court?

Interrogatories — written questions directed to the other party that the other party must answer in writing and under oath. The answers can be used at trial. Depositions — oral, in-person questions that the person being deposed must answer under oath.

What is a subpoena in court?

Subpoenas — written court orders requiring the other side or a third party to testify or produce certain physical evidence such as books, records, or other documents for inspection. During the discovery process, lawyers can object to questions, requests for admissions, interrogatories, and other requests.

Is discovery formal or informal?

Discovery can be both formal and informal. In either case, the information that is gathered during discovery is not filed with the court. It is just shared with the other side in the lawsuit. Discovery is very complicated and often requires knowledge of evidence rules and other legal strategies.

Can you videotape a deposition?

You can take the deposition of a party in the case or of “third-parties,” which are people other than those directly involved in the case, like expert witnesses. Usually a court reporter takes down everything that is said in the deposition and produces a written transcript. It is also common to videotape a deposition.

Reve Gerardo Bautista

Generally, you can request discovery from your public defender. But there are some exceptions. For example, if you are in custody, some discovery material may not be admitted into the jail/prison. The best example of this i've seen is with child pornography; the facilities simply won't let this information in.

Wei-Hua Wang

I see this issue come up quite a bit...and am not really clear why Public Defenders give their clients problems viewing their discovery. You are certainly entitled to see your discover and have the opportunity to assist in your own defense. Make an appointment to meet with you P.D. and request the discovery in advance of the meeting.

David S. Kestenbaum

Very difficult to figure out exactly what you are asking. Any discovery in your case goes to your attorney. You are not entitled to another copy of the discovery from the DA's Office. You can ask your PD for a redacted copy of the discovery and depending on their office policy, they may or may not provide it to you.

Dorinda Jo Myers

I would ask your PD to put in a formal request for discovery and just be patient. It is a process and sometimes a slow process at that.

Michael Stephen Pittman

If you have a public defender, he or she will be the one to make decisions such as whether to serve the District Attorney's Office with a formal discovery request. Typically, informal requests are made before a formal request is made. You should discuss this with your appointed counsel.

Depositions

See more on justia.com

Requests For Production of Documents

Requests For Admissions

Interrogatories

Limits on Discovery