This form is a Motion for Discovery of Information Necessary to Receive a Fair Trial. Defendant's counsel requests that the prosecution disclose, and permit an inspection of all statements, written or oral, made by the defendant to any person, at anytime, before or after his arrest, including the name and address of the person(s) to whom the statement(s)were made.
Demand For Discovery Template With Calculator
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How to fill out Motion For Discovery Of Information Necessary To Receive A Fair Trial?
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The judge will either deny the motion to compel, order the opposition to provide the discovery by a deadline, or will grant in part and deny in part the motion, and will only require some of the discovery to be provided. Other sanctions may also be applied, including payment of attorney's fees or monetary fines.
The answering or objecting party may file a response to the motion to compel. The response must contain adequate justification for that party's objections, or argument showing why the party's answers to the discovery requests at issue were sufficient.
Read and answer the questions Read the question very carefully. Answer only the question that is asked, and avoid the temptation to over-explain your answer. If the question contains several parts, you may break your answer into parts as well. It is also possible that you might object to the question.
How do I know what my deadline is? If you were personally served with the request, meaning someone delivered them directly to you, you will have 30 days. If you received the request in the mail, and both you and the sender are in California, you have 35 days from the day of mailing to respond.
Discovery requests typically follow a common format that you can mirror. First, list instructions detailing the request for production. Be sure to mention Rule 34 and Rule 26(b), which outline the scope of the discovery request. It's also necessary to include a section with definitions.