If the Administrative Judge decides that the opposing party must respond to one or more disputed discovery requests, they will order the party to do so. The opposing party's failure to comply with such an order may result in sanctions.
Discovery means you send the other side questions and requests for information or items (like documents) in writing. The other side must respond to your question or request in writing.
Generally, discovery requests should be sent to the law enforcement agency that issued the ticket, the prosecuting attorney (in jurisdictions that use prosecutors in traffic court), and to the traffic court clerk.
Discovery generally begins after the defendant files an answer, the parties hold a discovery planning conference, and the judge issues a scheduling order. The discovery process is designed to go forward between the parties with minimal court involvement.
Discovery is how you gather the evidence you will need to prove your case as plaintiff, or defeat the plaintiff's case as a defendant. You use discovery to find out things like: What the other side plans to say about an issue in your case. What facts or witnesses support their side.
Many personal injury lawsuits conclude either during or at the end of the discovery phase. In many cases, the defendants don't want evidence against them revealed in court. The pressure from the discovery process can push a stubborn defendant into agreeing to a more reasonable settlement.
Discovery allows you to get information and evidence from the other party or other persons you can use in your lawsuit.
The length of the discovery phase varies depending on the case's complexity, the amount of evidence to be collected, and the level of cooperation between the parties. In personal injury cases, the discovery process can last anywhere from a few months to over a year.
How Does Discovery Work? There are four main types of discovery requests: (1) depositions; (2) interrogatories; (3) requests for admissions; and (4) requests for the production of documents. Depositions are formal witness interviews.
The Benefits of Discovery for Both Plaintiffs and Defendants Helps plaintiffs and defendants understand the legal issues at play in the case and better prepare for trial. During discovery, each party can obtain facts from the other through requests for admission, interrogatories, documents, depositions, and more.