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An expert witness cannot opine on someone's state of mind in court, but the reason why is a bit more complicated than simply not allowing them to present opinions on mindsets. In court, an expert witness isn't brought in to provide personal opinions.
Perhaps the classic example of a discovery tool is a deposition. This happens when either party asks the other party or a potential witness to answer questions under oath. The person being deposed usually will come to the office of the attorney for the party requesting the deposition.
While interrogatories and expert discovery are not permitted, other discovery is allowed. ORCP 36 provides that ?For all forms of discovery, parties may inquire regarding any matter, not privileged, which is relevant to the claim or defense of the party seeking discovery or to the claim or defense of any other party?.
One of the most common methods of discovery is to take depositions. A deposition is an out-of-court statement given under oath by any person involved in the case. It is to be used at trial or in preparation for trial. It may be in the form of a written transcript, a videotape, or both.
During discovery, both sides exchange evidence to learn what the other side intends to use in court. Discovery refers to tangible objects?or anything that you can physically touch. For example, this may include a gun with fingerprints on it or a stack of physical documents.
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. Lab tests and reports. Alibi witness statements.
The three forms of discovery are: Written - This form of discovery takes place on paper. ... Document Production - This form of discovery involves an exchange of documents. ... Oral - Sometimes known as depositions, this form of discovery allows parties to gain sworn statements from involved individuals.
We can define motion as the change of position of an object with respect to time. A book falling off a table, water flowing from the tap, rattling windows, etc., all exhibit motion. Even the air that we breathe exhibits motion!