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?
Discovery can be time-consuming, but it plays a vital role in litigation. It often leads to settlements by clarifying the facts and narrowing the issues in dispute. If your case does proceed to trial, discovery ensures that both sides are better prepared to present their arguments.
In some cases, the offense may not become known until a later date. In these instances, New York laws sometimes allow the statute of limitations period to commence on the date the injury is discovered or should reasonably have been discovered. This is known as the discovery rule.
It dictates that the statute of limitations for filing a lawsuit begins not at the moment of injury but at the point when the injured party discovers, or reasonably should have discovered, the harm.
On discovery, the sovereignty of the indigenous peoples and their rights to sell their land were diminished, but their right of occupancy remained. The discovering nation, having ultimate title to the land, had the right to sell the land of indigenous peoples, subject to the latter's right of occupancy.
Strict▪Timeline: The current statute does not require discovery to be complete until pretrial hearings or trial. Discovery reform, on the other hand, requires the prosecution to turn over all “discoverable” materials as soon as practicable, but no later than 15 days after arraignment.
Notice of entry occurs when one party serves a copy of a court's order on the other parties in the case. CPLR § R2220(b); Smart Code. In New York state court, the court does not automatically send orders to all parties.
Notice of entry occurs when one party serves a copy of a court's order on the other parties in the case. CPLR § R2220(b); Smart Code. In New York state court, the court does not automatically send orders to all parties.
(b) Document Demand: As the name indicates, this is a written demand in which one party demands that the other produce certain documents for inspection and copying. (This device is also referred to as a notice of discovery and inspection). The demand must define the items sought with reasonable particularity.