Motion To Strike Form For Discovery In North Carolina
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– Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within 30 days after the service of the pleading upon him or upon the judge's own initiative at any time, the judge may order stricken from any pleading any insufficient ...
The request is filed in superior court. A request for voluntary discovery must be filed before filing a motion for discovery or a motion to compel, although many practitioners combine the request with an alternative motion, as discussed in “Practice Tips,” below.
In the United States, discovery is mostly performed by the litigating parties themselves, with relatively minimal judicial oversight. The Federal Rules of Civil Procedure guide discovery in the U.S. federal court system.
In a criminal case, it's usually filed by the legal team representing the person accused of a crime. In a civil case, a motion for discovery is generally filed by the legal team of the person or business being sued.
In certain cases, you might be able to write a letter to the other side and request the documents that you need. However, in more formal cases, you will likely have to draft more formal discovery demands. There are usually forms available for this in local law libraries, from the court clerk's office, or online.
If you have an attorney who is representing you, the motion that s/he files on your behalf would also include an affirmation from your attorney.
In a criminal case, it's usually filed by the legal team representing the person accused of a crime. In a civil case, a motion for discovery is generally filed by the legal team of the person or business being sued.
Generally, the prosecution must provide discovery within a set period after the defense's formal request, often ranging from a few weeks to several months. Evidence should be available to the defense either at the preliminary hearing or after the accused has been indicted by a grand jury.
Overall, discovery in a criminal case is generally considered public record, but exceptions may apply depending on the state. It is advisable to consult with a legal professional to determine the specific rules regarding public record in your state.
