South Carolina Motion for State to Produce Discovery Document

State:
Multi-State
Control #:
US-00855
Format:
Word; 
Rich Text
Instant download

Description

This is a Motion for State to Produce Discovery Documents. This is filed by the Defendant's attorney after he/she has unsuccessfully tried to obtain copies of all discovery documents from the District Attorney's office. This may also be used if, although given copies of said documents, the copies are illegible. This form is applicable in all states.
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FAQ

2. Interrogatories (Rule 33, SCRCP) in South Carolina. Under Rule 33, interrogatories are written questions you can send to the other side, which they must respond to under oath. There are eight standard interrogatories that you can ask in every case.

If, prior to or during trial, a party discovers additional evidence or material previously requested or ordered, which is subject to discovery or inspection under this rule, he shall promptly notify the other party or his attorney or the court of the existence of the additional evidence or material.

What is the discovery rule? The discovery rule prevents the statute of limitations from running until the plaintiff discovers, or has reason to discover, the cause of action. The discovery rule applies when the plaintiff did not discover ? and a reasonable person would not have discovered ? that they had suffered harm.

Discovery Rule specifics in South Carolina As noted, the discovery rule provides that any statute of limitations does not begin to run until the victim learns of his or her injury/injuries OR until he or she reasonably should have learned of the injury.

A Motion to Compel is a formal request to the Court to require a party or a non-party in a lawsuit to comply with a discovery request such as a request for production, request for admission, interrogatory, or subpoena.

Discovery Rule specifics in South Carolina The South Carolina Supreme Court phrased it this way: ?The statute [of limitations] runs from the date the injured party either knows or should have known by the exercise of reasonable diligence that a cause of action arises from the wrongful conduct.?

Specifically, Rule 5 of the South Carolina Rules of Criminal Procedure provides that, upon request by you, the prosecution has to provide you with or let you inspect any statements you've made, your prior criminal history, any books, papers, documents, photographs, tangible objects, buildings or places, which are under ...

Objections that state that the discovery request is "vague, overly broad, or unduly burdensome" are, standing alone, meaningless and will be found meritless by the court. A party objecting must explain the specific and particular way in which a given request is vague, overly broad, or unduly 1 Page 2 burdensome.

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South Carolina Motion for State to Produce Discovery Document