As the Supreme Court of Ohio explains, the discovery rule provides that “a cause of action does not arise until the plaintiff discovers, or by the exercise of reasonable diligence should have discovered, that he or she was injured by the wrongful conduct of the defendant.” Id. at ¶ 14.
The scope of discovery includes all matters that are relevant to the subject matter of the lawsuit, even if that matter is not admissible at trial, just as long as it “appears reasonably calculated to lead to the discovery of admissible evidence”.
(3) Answers, objections or other responses to discovery requests shall be served within twenty-eight days after service of such requests unless the board orders or the parties agree to a different period of time.
Ohio's discovery process is often referred to as reciprocal discovery, this means that both the prosecution and defense are legally bound to share certain information with each other. In the case of the prosecution, they are required to disclose a wide range of materials to the defense.
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?
(3) Answers, objections or other responses to discovery requests shall be served within twenty-eight days after service of such requests unless the board orders or the parties agree to a different period of time.
Unless otherwise limited by court order, the scope of discovery is as follows: Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in ...
The discovery rule provides that the statute of limitations on bringing a claim does not begin to run until the date on which a claimant actually discovers (or should have discovered) an injury or loss—rather than on the date when the wrongful act giving rise to the injury or loss took place.
The primary goal of discovery is to ensure a fair and just resolution of the dispute by preventing surprise evidence or arguments during trial.
How Long Does it Take to Get Discovery in a Criminal Case? 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.