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The discovery rule allows that a victim can bring a delayed lawsuit if he or she knew or ?should have known? about the injury. The ?should have? language is important, since any evidence that points toward a victim's knowledge?such as a recorded statement after an injury?can be used against the victim.
Rule 30 - Depositions upon Oral Examination. (a) When Depositions May Be Taken; When Leave Required. (1) Any party may take the testimony of any person, including a party, by deposition upon oral examination without leave of court except as provided in paragraph (2).
Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership, governmental entity, or unincorporated association, by any officer or agent, who shall furnish such information as is available to the party.
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.
Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution.
Rule 36 - Clerical Mistakes. Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of the court's own initiative or on the motion of any party and after such notice, if any, as the court orders.
(A) A party may object to discovery of electronically stored information from sources that the party identifies as not reasonably accessible because of undue burden or expense. In the party's objection, the party shall identify the reason for the undue burden or expense.
Rule 35 - Correction, Decrease, or Increase of Sentence. (a)Correction or reduction of sentence. The court may correct an illegal sentence at any time.