If you do not have an attorney many Kentucky Counties have Pro Se Divorce packets which you can purchase for a nominal fee at the Court Clerk’s Office. The Petition contains the information necessary to identify the parties, their addresses, occupations, and children. b.
Full Answer
Discovery Methods: Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of …
Rule 27 - Depositions before Action or pending Appeal (§§ 27.01 — 27.03) Rule 28 - Persons before Whom Depositions May Be Taken (§§ 28.01 — 28.03) Rule 29 - Stipulations regarding …
However, the discovery requests must be followed through, especially if her response is no response at all. By quickly and aggressively seeking consequences to her failure to respond to …
No. In the past, prosecutors could guard evidence fromdefendants with the same fervor toddlers show in protecting toy trucks anddolls from their si...
Not exclusively. Sure, advance disclosure promotes fairertrial outcomes, but it also promotes case settlement, which saves judicial timeand resourc...
No. Discovery rules generally distinguish between rawinformation like names of witnesses, police reports, and drug or alcohol testresults, and atto...
Not really. Prosecutors can’t disclose all discovery on theeve of trial, but on the other hand, they don’t have to divulge it all way aheadof time....
Discovery is likely a significant reason why at least 90% of criminal cases settle before trial. Issues regarding settlement aside, discovery is intended to help defendants in the sense that prosecutors must hand over certain information that's helpful to the defense.
Vy Tummin is charged with assault and battery on a police officer. Vy claims that she reacted in self-defense to the police officer's use of illegal force. The prosecutor plans to show a videotape of the incident to the jury. The prosecutor also has prepared a file memorandum as a self-reminder about what portions of the tape to emphasize during the trial and why those portions are especially significant. Vy's lawyer demands to see the videotape and all the prosecutor's trial memoranda. Discovery rules allow Vy's lawyer to see the videotape. But the prosecutor won't have to turn over the memorandum. The memo is the prosecutor's work product because it contains strategic analysis.
If a lawyer does not fulfill those obligations then a client might be able to seek recourse for the lawyer’s behavior. Therefore, it is important for clients to understand what their lawyers’ obligations are and what they can do if those obligations are not met.
An attorney has the responsibility to provide competent representation to each client. That means that the attorney must have the legal knowledge and skill to represent the client in a particular matter and be thorough in his or her legal preparation.
The American Bar Association (ABA) has set forth Model Rules of Professional Responsibility. Since many states use the ABA’s model rules to fashion their own professional rules for attorneys, the information used in this article is based on the ABA’s model rules. It is important to check with your state’s attorney regulatory board ...
Discovery can provide the criminal defense attorney with vital information that he can use to build a defense to the charges his client faces. This may involve attacking the credibility of key witnesses, challenging the admission of certain evidence, and much more. Common types of evidence that defendants are entitled to include: 1 Crime scene evidence, such as photographs and forensic evidence 2 Witness and law enforcement testimony, including the names and addresses of witnesses who will testify at trial, and witness statements 3 Police and booking reports 4 Recordings of police interviews with victims, witnesses, and the defendant 5 Toxicology results of the defendant 6 DNA evidence 7 Expert witness testimony 8 Records, such as police personnel records, medical records for any injuries, and witness criminal records 9 Physical evidence, such as guns, drugs, or vehicles, which must be made available for inspection
DNA evidence. Expert witness testimony. Records, such as police personnel records, medical records for any injuries, and witness criminal records. Physical evidence, such as guns, drugs, or vehicles, which must be made available for inspection. While the prosecutor is required to provide a defendant with discovery, ...
Exculpatory evidence is evidence that is material to the accused person’s guilt or punishment and that is favorable to him. It can include information that affects the credibility of a witness, such as if he was offered a plea bargain based on his testimony. Like other states, North Carolina has its own state procedures for discovery in criminal ...
This is often called the discovery period of the case, and information must be provided as it becomes known, even during the trial. Discovery can provide the criminal defense attorney with vital information that he can use to build a defense to the charges his client faces.
Witness and law enforcement testimony, including the names and addresses of witnesses who will testify at trial, and witness statements. Police and booking reports. Recordings of police interviews with victims, witnesses, and the defendant. Toxicology results of the defendant. DNA evidence.
If the circumstances require that the attorney withdraw from representation, the withdrawal is considered mandatory. Situations that could give rise to an attorney's mandatory withdrawal from a case include: 1 the attorney is not competent to continue the representation 2 the attorney becomes a crucial witness on a contested issue in the case 3 the attorney discovers that the client is using his services to advance a criminal enterprise 4 the client is insisting on pursuit of a frivolous position in the case 5 the attorney has a conflict of interest or cannot otherwise continue representation without violating the rules of professional conduct, and 6 the client terminates the attorney's services. (Learn more: How to Fire Your Attorney .)
An Attorney's Voluntary Withdrawal. Where the circumstances permit, but do not require, the attorney to cease representation, the withdrawal is considered voluntary.The circumstances under which an attorney may withdraw mid-case include: there has been a breakdown in the attorney-client relationship that prevents the attorney from effectively ...