New York Order Allowing Defendant Access to Original Recording of Record
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How to fill out Order Allowing Defendant Access To Original Recording Of Record?
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§ 3103. Protective orders. (a) Prevention of abuse. The court may at any time on its own initiative, or on motion of any party or of any person from whom or about whom discovery is sought, make a protective order denying, limiting, conditioning or regulating the use of any disclosure device.
An order for service of a summons by publication shall direct that the summons be published together with the notice to the defendant, a brief statement of the nature of the action and the relief sought, and, except in an action for medical malpractice, the sum of money for which judgment may be taken in case of ...
Open?File?Discovery: The current law requires defense attorneys to make written motions to obtain the prosecutor's evidence during the pretrial period. By contrast, the new law requires the ?automatic? discovery of all relevant materials that the prosecution has in its possession.
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.
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.
You have 30 days to respond to interrogatories, but you may ask the other party for more time. If the other party declines, you may write to the judge to ask for an extension of time. You must answer each interrogatory separately and fully in writing and under oath.
Mandate an ?open file? policy across the 62 NYS district attorneys' offices, requiring that prosecutors make all non-privileged discovery material available to the defense as soon as they possess it. The statute creates a new discovery standard: all material ?related to? a case.
SUMMARY OF PROVISIONS: *245.10. Timing of discovery *245.20. Automatic discovery *245.25.
