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Some times prosecutors withhold evidence because it is harmful to their case or they don't feel it is relevant. When the defendant or the defense attorney learns of the withheld evidence, the defense attorney can file a Motion to Compel Discovery listing items believed to be unlawfully withheld by the prosecutor.
Consider Filing a Motion to Compel if: A party fails to answer an interrogatory. A party's response to a discovery request is incomplete or evasive. A person fails to answer a question during a deposition. A non-party objects to a request for documents under a subpoena.
The answering or objecting party may file a response to the motion to compel. The response must contain adequate justification for that party's objections, or argument showing why the party's answers to the discovery requests at issue were sufficient.
Follow these steps to begin discovery in justice court: Step 1: Prepare and exchange your initial disclosures. Within thirty days after the defendant files his answer, the plaintiff and defendant must exchange: ... Step 2: File the early case conference report. ... Step 3: Ask the court to allow more discovery if you want it.
A motion for protective order is a request made by one party to the court to protect them from potentially harmful actions by the other party, usually in regards to sharing information during the legal process. This can happen when one party wants to access the other party's trade secrets.