my attorney who said in motion will do discovery and has not done it 12 months into case

What is a motion for Discovery?

A motion for discovery is a motion made to the court by the party of a criminal proceeding or civil lawsuit to obtain information or evidence regarding the case, Free Advice explains. Discover is the process of receiving this information, which is a guarantee under the U.S. Constitution.

What happens if a defendant does not respond to discovery requests?

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 discovery requests, you and your lawyer can either destroy her case or save yourself a lot of hours and money spent in court.

Can I get a copy of the discovery in my case?

* This will flag comments for moderators to take action. Your criminal defense attorney should be able to provide you with a copy of the discovery in your case. If you do not have a criminal defense attorney, you should immediately hire one as this is the only way you will obtain the best possible result on your case.

What is the discovery process in a family law case?

The discovery process is one of the most important parts of your family law litigation. You may have sent Interrogatories and Requests To Produce Documents to your ex, and you may have to answer these same discovery requests.

What happens if you ignore discovery?

Failing To Respond To Discovery Can Lead To A Dismissal Of Your Case With Prejudice. In the practice of law, the discovery phase can be your best friend or your worst nightmare. Interrogatories, requests for documents, and depositions can make or break your case.

Why would the prosecutor delay the discovery?

Sometimes, the state has to issue subpoenas to get the Discovery. If the state has to obtain medical records, this can delay the completion of Discovery. Federal and State Health Privacy laws require that prosecutors obtain a Court Order allowing them to have access to a criminal defendants medical records.

Why is discovery taking so long?

Those reasons include everything from a court's crowded docket, the limited number of available judges, and recent budgetary constraints, to pre-trial challenges regarding the sufficiency of the complaint or the validity of the cause of action, legal maneuvering with things such as summary judgment motions, and ...

How long does a discovery take?

Once a lawsuit is commenced, the first significant step is an examination for discovery. The discovery is typically followed by a mediation (or settlement meeting). Typically, it should not take more than 8 months, or so, to book discovery dates.

What is a Brady violation when it comes to discovery issues?

A “Brady Violation” is what happens when the prosecutors in a criminal case fail to perform their constitutional duty to turn over helpful evidence to the people they have charged with crimes. Everyone has the right to due process and a fair trial.

Why do lawyers drag out cases?

Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.

What is the discovery phase of a lawsuit?

To begin preparing for trial, both sides engage in discovery . This is the formal process of exchanging information between the parties about the witnesses and evidence they ll present at trial. Discovery enables the parties to know before the trial begins what evidence may be presented.

Why is discovery important in law?

The purpose of discovery is to allow the parties to obtain full knowledge of the issues and facts of the lawsuit before going to trial. An experienced family law attorney will use discovery to help you identify the various strengths and weaknesses of each side of the case.

What is exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.

What is the discovery process?

Discovery is a required process in civil court proceedings. During discovery, you must provide the other side with any documents that are relevant to the case. It is important that all relevant documents are made available to both parties.

What is the first step in the discovery process?

The first phase of the discovery process is the written discovery phase. During this phase, your attorney may send and receive requests to produce documents, requests for admissions of facts, and written interrogatories.

What comes after the discovery phase in a project?

The project timeline consists of phases. Our projects begin with Discovery and proceed to Proposal, Implementation, Quality Assurance & Testing, and end with Project Launch.

If opposing counsel fails to respond to our discovery requests within ...

Defendant not responding to discovery questions for many months ... - Avvo

Cheat Sheet for Interrogatory and Discovery Objections

What happens if the plaintiff does not give me responses to my ...

1 attorney answer

Continuances are usually within the judge's discretion. I can't tell from your question if the pro se defendant received no discovery at all, or just wants more than was provided originally. Filing a motion to compel the state to provide discovery and asking for a continuance as an alternative would be my strategy. But I don't know how SC works.

Mark P. Maciolek

Continuances are usually within the judge's discretion. I can't tell from your question if the pro se defendant received no discovery at all, or just wants more than was provided originally. Filing a motion to compel the state to provide discovery and asking for a continuance as an alternative would be my strategy. But I don't know how SC works.

Why is discovery important?

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.

Why do most criminal cases settle before trial?

If a guilty defendant finds out before trial that the prosecution has a particularly strong case, that defendant will be more likely to plead guilty and save the government the hassle of trying the case. Discovery is likely a significant reason why at least 90% of criminal cases settle before trial.

What is the process through which defendants find out about the prosecution's case?

Discovery is the process through which defendants find out about the prosecution's case. For example, through standard discovery procedure, they can: get copies of the arresting officers' reports and statements made by prosecution witnesses, and. examine evidence that the prosecution proposes to introduce at trial.

Do you have to turn over work product to a defendant?

The latter is called "work product.". Prosecutors don't have to turn over their work product to defendants —otherwise, it just wouldn't be fair.

Can a defendant call on the police?

Unlike prosecutors, defendants can't call on police agencies to help them investigate and respond to evidence they find out about for the first time at trial. Thus, every jurisdiction (each state and the federal government) has discovery rules requiring prosecutors to disclose evidence to defendants prior to trial.

Can Vy's lawyer see the videotape?

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.

Can a prosecutor examine evidence?

Traditionally, the prosecutor wasn't entitled to information about a defendant's case. But in recent years, discovery has become more of a two-way street. Just as defendants can discover information from prosecutors, so too can prosecutors examine certain evidence in the hands of defendants.

What is a motion for discovery?

Follow Us: A motion for discovery is a motion made to the court by the party of a criminal proceeding or civil lawsuit to obtain information or evidence regarding the case, Free Advice explains. Discover is the process of receiving this information, which is a guarantee under the U.S. Constitution. The rules on how a party can proceed ...

Does a defendant have an automatic right to discovery?

Discovery in criminal matters is different, as a defendant does not have an automatic right to the discovery process, Free Advice notes. Many states make filing a motion mandatory before the court orders the state to produce the evidence.

Can you request evidence in a civil lawsuit?

In a civil lawsuit, both sides can request information that is evidence relevant to their case or information that could lead to the discovery or relevant evidence .

Why did Moody not respond to Sweeney's discovery requests?

At this point, two months after the initial interrogatories, Moody contacted Sweeney, claiming that his failure to respond to discovery requests was an accident, merely the result of an unorganized office transition.

How long did Moody wait to depose Barrios?

In a particularly vexing move, Moody did not notify Barrios about his impending deposition until nine days before it was to occur, and when they met to prepare for the deposition seven days later, Barrios brought along his tape recorder.

Who served Moody with a notice of deposition?

Opposing counsel, Siobhan Sweeney, served Moody with routine interrogatories and a notice of deposition, but she received no response. Sweeney then rescheduled the deposition, sent Moody a reminder two weeks later, and even flew from Boston to Cleveland to administer it. But Moody and his client were a no show.

Jordan Alexander Shaw

This question could have dozens of answers. Talk to your attorney and ask him or her what is going on with the discovery requests.

Mark Theodore Tischhauser

You need to meet with your attorney and address WHY nothing was done. That's the next step. There are many possible explanations ranging from your pro-se requests were improper, to expense or cost issue to the lawyer forgot or is not on the same page as you as to the importance of the documents.

When does a tribunal have proper objection?

1. In particular, " [t]he tribunal has proper objection when the trier of fact may be confused or misled by a lawyer serving as both advocate and witness ," and the opposing party has such an objection "where the combination of roles may prejudice that party's rights in the litigation.". Id. § 3.7 cmt. 2.

What is the burden of production on a motion for summary judgment?

To meet its burden of production on a motion for summary judgment, a party must produce evidence that would be admissible at trial. Therefore, courts will generally decline to consider portions of attorney affidavits or declarations that would be inadmissible at trial.

Can an attorney be disqualified for a summary judgment?

However, in general, courts appear to be reluctant to disqualify an attorney for violating the attorney testimony rule solely on the basis of statements made in an affidavit in support of summary judgment, even where the attorney's statements go far beyond merely putting documents before the court.

Can a judge be unfairly influenced by a lawyer's dual roles?

It is equally unlikely that a judge, as compared to a jury , will be unfairly influenced by the lawyer's dual roles."). Some courts have held that the attorney testimony rule applies to affidavits as well as testimony at trial.

Can an attorney's affidavit be used in a summary judgment motion?

It is well established that an attorney's affidavit can be used, in connection with a summary judgment motion, for the simple purpose of placing documents produced in discovery before the court. See, e.g., United States v.