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In federal civil litigation, a party may use motions during discovery for several purposes, including to help ensure that it receives sufficient documents and information to litigate a case, to protect its interests during discovery, and to remedy discovery abuses.
A Motion to Compel is a formal request to the Court to require a party or a non-party in a lawsuit to comply with a discovery request such as a request for production, request for admission, interrogatory, or subpoena.
What Is a Motion for Discovery? You or your lawyer may file a motion for discovery to request that the state produce evidence it plans to introduce at trial. Your lawyer needs to know the type of evidence the state will use against you at trial so that they can properly prepare for your case.
We don't like Motions to Compel. Judges don't like them, and neither do the opposing parties we bring them against. But they are, sometimes, required to be brought in cases where you need information to make sure you know what facts, witnesses and documents are in a case prior to going to going to trial.
In an actual federal criminal case, discovery typically begins after a defendant has been arraigned. At the arraignment, the prosecutor and the defendant's attorney may sign a discovery agreement that outlines the deadlines for the government to disclose each type of material that is discoverable.