Requesting Discovery Form With 2 Points In Virginia
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Rule 7C:5 - Discovery (a)Application of Rule. This Rule applies only to the prosecution for a misdemeanor which may be punished by confinement in jail and to a preliminary hearing for a felony.
Rule . — All final judgments, orders, and decrees, irrespective of terms of court, remain under the control of the trial court and may be modified, vacated, or suspended for twenty-one days after the date of entry, and no longer.
Once discovery is issued, parties typically have 21 days to respond. However, attorneys (in collaboration with their paralegal to keep costs down) will likely need several days to compile, review, and complete the responses as well.
Discovery ends 30 days before trial (the cutoff date). That means, at the very latest anything you ask for must be due 30 days before your trial. At the latest, you need to serve your requests 60 days before your trial date (65 if you serve by mail).
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.
The federal rules do not contain any time limit in which a motion to compel discovery must be filed. But you should check your court's local rules and even the judge's standing order. For instance, in the Northern District of California you must move to compel within seven days of the close of discovery.
The parties shall complete discovery, including depositions, by 30 days before trial; however, depositions taken in lieu of live testimony at trial will be permitted until 15 days before trial.
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.
(1) Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery ...
