One of the tools that a knowledgeable criminal defense attorney will use to defend your rights is the pre-trial discovery process when the defense can file a “Demand for Discovery and Inspection” requesting that the prosecution share its evidence with the defense.
Parties usually send their discovery requests and responses to the other party electronically, by email. But, parties may also send or respond to discovery requests by U.S. mail or a parcel service. Discovery requests and responses should not be sent to the Administrative Judge, except to support a motion.
Steps Of The Discovery Process. There are four key actions in the discovery process which include interrogatories, request for documents, request for admissions, and depositions.
If the parties are having a dispute, either party can file a motion with the court asking the judge to order the other side to respond to discovery requests or punish the other side for failing to respond to discovery requests or for making unreasonable discovery requests.
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.
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.
A discovery response is essentially a choice that you make after receiving a request for information. The question then becomes, Should you comply or not?
The Discovery Process in Lawsuits Depositions. Perhaps the classic example of a discovery tool is a deposition. Requests for Production of Documents. Each party can mail these written requests to the opponent or their attorney. Requests for Admissions. Interrogatories. Limits on Discovery.