Georgia Demand for Discovery in an Action for an Accounting

State:
Multi-State
Control #:
US-L0107C
Format:
Word; 
Rich Text
Instant download

Description

This document is the plaintiff's demand for discovery in a lawsuit filed by a former partner seeking an accounting of his former firm, when the partnership agreement did not provide for an accounting. It contains a request for production of documents.

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FAQ

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.

Some examples that your lawyer may request as part of their motion for discovery are: Photos or videos of the crime scene. Witness statements. Police reports or notes.

Discovery may be carried out by directly asking a person questions (oral depositions), by sending a person written questions (interrogatories and depositions on written questions), and by requesting that the person provide documents (motions for production, subpoenas duces tecum).

How Does Someone Request Discovery? Discovery requests must be made in the form of a written motion. The request must be submitted to the opposing party or the State if in a criminal case.

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.

In both civil and criminal cases, discovery involves investigating the evidence that the other side plans to present. It can prevent any surprises at trial, narrow the issues that are disputed, and often help the two sides reach a resolution out of court rather than going through a full trial.

Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property for inspection and other purposes; physical and mental examinations; and requests ...

You or your lawyer may file a motion for discovery to request that the state produce evidence it plans to introduce at trial. Your lawyer needs to know the type of evidence the state will use against you at trial so that they can properly prepare for your case.

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Georgia Demand for Discovery in an Action for an Accounting