what do you call it when an attorney request a judge ask for evidence

What kind of evidence does a judge have?

Apr 21, 2017 · Informal discovery gives you the right to seek the evidence associated with your case prior to making a decision to go to court. In other words, you can weigh your options before committing to a trial. Once your letter is written and your citation copy is attached to it, write this on the front of it: "ATTN: CUSTODIAN OF RECORDS." This makes sure it goes to the right …

How do I contact a judge in a criminal case?

Jul 22, 2019 · For example, the OSC can ask the Judge to stop an eviction until the court date. This is called a stay. The OSC is given to the court for a Judge to review and sign. If the Judge signs it, the Judge picks the court date and fills it in on the OSC. The Judge also fills in how you must deliver the OSC to the other side. The Judge may cross-out or ...

How to ask the court for something in a case?

Nov 17, 2013 · It is called an ex parte communication, which is not permissible. If it is a procedure question, you can ask the judges clerk how the judge likes or prefers to handle a certain situation. As the other lawyers have suggested, you have not provided enough information to give you better answers. More. Undo Vote.

What happens at a court hearing for evidence?

When the Judge Is Wrong. By Florence M. Johnson. "There is no such thing as the judge being wrong." This proclamation was uttered to me by—you guessed it—a judge. It's a judge's job to be right, and ultimately they wear the robes, not you. However, every litigator will eventually encounter a jurist who is undeniably flat-out wrong on an issue.

What is it called when a lawyer requests information?

What is a formal request to the court called?

What is it called when you give a statement in court?

How does burden of proof work?

What is the legal terminology?

What is an example of legal jargon?

What is it called when an attorney argues?

What is defendant statement called?

What does it mean when the judge says sustained?

What are the 3 burdens of proof?

What are the 4 standards of proof?

What is considered clear and convincing evidence?

Who must disclose to the defendant?

The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies:

Does the Constitution require the prosecution to disclose material evidence?

Courts have held that the U.S. Constitution doesn’t impose a general duty on the prosecution to disclose “material” evidence to the defense. “Material” is generally shorthand for “relevant”; it’s often used to refer to evidence that, if disclosed, could affect the outcome of a case.

What does the Constitution say about exculpatory evidence?

“Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment. The evidence doesn’t have to strongly indicate innocence in the way that an alibi, for example, would. It’s generally enough that the evidence provides significant aid to the defendant’s case. So, information that affects the credibility of a critical prosecution witness—like the fact that the prosecution offered its witness leniency in exchange for testimony—is among the kinds of evidence prosecutors have disclose. ( Giglio v. United States, 405 U.S. 150 (1972).)

What are some examples of discovery?

Types of Discovery. A police report is a common example of discovery. (However, the law might not require disclosure of police reports in all states.) A typical one will contain the names of any victims or witnesses, reports of statements by such people, observations by the officer, and more. The police report is sometimes the first item ...

What is Brady v. Maryland?

Brady v. Maryland was a 1963 U.S. Supreme Court case. In it the Court held that it’s a violation of due process for the prosecution to suppress evidence that the defense has requested and that is:

Is a police report a discovery?

A police report is a common example of discovery. (However, the law might not require disclosure of police reports in all states.) A typical one will contain the names of any victims or witnesses, reports of statements by such people, observations by the officer, and more. The police report is sometimes the first item of discovery ...

What is material evidence?

“Material” is generally shorthand for “relevant”; it’s often used to refer to evidence that, if disclosed, could affect the outcome of a case.

What to do if you missed your court date?

Explaining why you missed your court date or didn’t file an Answer; Changing the terms of a court order; Asking the court to dismiss the case; Forcing the other side to give you discovery information; or. Bringing the case back to court for any reason.

What is a motion to show cause?

A motion or order to show cause can be used for many reasons, like: Bringing the case back to court for any reason. For more information about the different types of motions and orders to show cause, read Common Examples of Motions. See CPLR 2214.

What is the top page of a motion?

Motion papers consist of a top page called a Notice of Motion , followed by an Affidavit in Support of the motion, and copies of any documents that the moving side thinks would help the Judge make a decision. The party making the motion is called the movant.

What is an OSC in court?

The OSC is given to the court for a Judge to review and sign. If the Judge signs it, the Judge picks the court date and fills it in on the OSC. The Judge also fills in how you must deliver the OSC to the other side. The Judge may cross-out or change the part that asks for help before the next court date.

What is an affidavit in support?

An Affidavit in Support is a sworn statement signed in front of a notary public that tells the court why a motion or order to show cause should be granted.

Do you have to go to court on OSC?

In most cases, the parties must go to court on the date the OSC or motion is scheduled to be heard. Sometimes, the court does not make the parties come to court. And, sometimes, after the court reads the motions papers, the Court Clerk calls the parties and asks them to come in to talk about the motion. Use the court locator box to find your court and ask the Court Clerk how this is done in your court. If you are not sure what to do, always go to court on the court date.

What does the OSC do?

The OSC tells the court and the other side what the movant wants the Judge to do . If the movant wants the Judge to order something right away that can’t wait until the court date, the OSC must say this too. For example, the OSC can ask the Judge to stop an eviction until the court date. This is called a stay.

Do judges answer questions?

Judges are not appointed to answer questions. Their role is to rule on evidence presented by litigants, usually in questions and answers, and other evidence, submitted by litigants in court. The rules of evidence are quite complex, and vary from State to State, and on whether the lawsuit is in Sate or Federal court.

What is the role of a judge in a court case?

Posted on Nov 22, 2013. Judges are not appointed to answer questions. Their role is to rule on evidence presented by litigants, usually in questions and answers, and other evidence, submitted by litigants in court.

What is the role of a judge in a lawsuit?

Their role is to rule on evidence presented by litigants, usually in questions and answers, and other evidence, submitted by litigants in court. The rules of evidence are quite complex, and vary from State to State, and on whether the lawsuit is in Sate or Federal court.

What does it mean when a judge makes a ruling?

The judge is not there to answer legal questions, whenever someone has one. They make rulings on issues that are proerly brought before them. That usually means there is a hearing of some sort, that has been set in a case, and usually there are certain issues that are the subject of that hearing. each side presents its facts and evidence and arguments in the proper procedural manner. Sometimes there is an...

What happens if a lawsuit is not filed?

Your question does not have enough information to answer it. If you have filed a lawsuit there are very specific procedures concerning any communication you may have with the Court. If a lawsuit has not been filed, then it would really depend upon your circumstances and what question it is you are trying to ask.

What is the meaning of "permission to appeal"?

(1) To request permission to appeal when an appeal is within the court of appeals' discretion, a party must file a petition for permission to appeal.

What is interlocutory appeal?

Interlocutory appeal is a tool that circumvents waiting for the final decision of the district court, instead allowing direct appeal to the appellate court while the action is pending. This practice point illustrates the operation of Federal Rules of Appellate Procedure 5.0, below. Rule 5. Appeal by Permission.

What are the rules of evidence?

You can give almost anything to the court as evidence as long as it is relevant to the case and it does not violate one of the rules of evidence. For example, you generally cannot give in a letter that someone wrote for your trial or tell the judge something that someone else said due to the rule against hearsay. The most common types of evidence are: 1 Testimonial – The testimony presented by the parties and any witnesses that they call to help with their case. 2 Expert – Testimony from a witness who has expertise in a technical area and will give an opinion that the judge could rely upon when deciding the outcome of the case. 3 Physical/real evidence –Any physical, tangible, or touchable thing that relates to the case. For example, a torn shirt from a domestic violence incident, an item that may have been broken by the abuser, a weapon, etc. 4 Documentary – Letters, emails, photographs, and other documents relevant to the case. 5 Demonstrative – A chart or illustration that you create for the trial to explain something to the judge that might not be easily understood without some visual assistance. For example, when describing why you had to use physical force in self-defense, you might draw out the layout of the house and indicate where the parties were standing to show why you could not escape.

What are the different types of evidence?

The most common types of evidence are: Testimonial – The testimony presented by the parties and any witnesses that they call to help with their case. Expert – Testimony from a witness who has expertise in a technical area and will give an opinion that the judge could rely upon when deciding the outcome of the case.

What does a mediator do in court?

In some courts, a mediator might first talk with you, and then with the other party, to see if you might be able to reach an agreement without a trial. In a criminal case or in other types of formal or more complicated cases, the judge might ask the parties to give opening statements. This is your chance to talk about what evidence you will show ...

Can a judge grant a restraining order?

If your case is for a restraining order. The judge may grant you and sign the final restraining order that day at your hearing. If so, then make sure you get a copy, review it, and ask the judge if you have any questions about it. If the judge is not giving his/her decision that day, make sure to ask the judge to extend your temporary restraining ...

Do domestic violence survivors make up allegations?

Some abusers even claim that the violence did not happen at all and that the survivor is making up allegations to try to get an advantage in court.

What is closing statement?

Closing statements are your chance to sum up the evidence and ask the judge again for a specific decision. The judge will make a decision after hearing both sides and considering the evidence. The judge may make the decision right away or may take a recess to give the decision. The recess may be only for a few hours or it may take days ...

Can you contact a judge outside of court?

For most court cases, ex parte communication is strictly prohibited, as it can impact the decision of the case. If you are currently in a case, you are not permitted to contact a judge outside of the courtroom. Instead of contacting the judge directly, you can file a written motion.

How to write a letter to a judge?

Write a letter to a judge as long as you are not in a current case. To start the letter, indicate what the letter is regarding, and identify yourself and your profession. Then, tell the judge what you want and provide reasons why they should grant your request. Don’t forget to address the envelope before you send it.

How long does it take to respond to a motion in court?

If the other party has a lawyer representing them, provide the copy of the motion to the lawyer. The other party has 15 days to file a written response regarding your motion. After the other party responds, the motion transfers to the judge so they can make their decision.

What is ex parte communication?

Before you contact a judge, ensure you are not in a current court case. “Ex parte” communication happens when someone involved with the case communicates directly with the judge. Ex parte communication is not allowed and could negatively affect your case. Instead, file a motion to a judge if you are in a current case and want ...

What is an appeal in court?

An appeal is a review of the trial court's application of the law. There is no jury in an appeal, nor do the lawyers present witnesses or, typically, other forms of evidence. The court will accept the facts as they were revealed in the trial court, unless a factual finding is clearly against the weight of the evidence. Thank you for subscribing!

What happens after a court decision?

After Appealing a Court Decision. The party that loses in a state or federal appeals court may appeal to the state Supreme Court or the U.S. Supreme Court. (Most states call their highest court "Supreme Court," though Maryland and New York call theirs the "Court of Appeals.")

What is the purpose of an appeals court?

Most civil and criminal decisions of a state or federal trial court (as well as administrative decisions by agencies) are subject to review by an appeals court. Whether the appeal concerns a judge's order or a jury's verdict, an appeals court reviews what happened in prior proceedings for any errors of law.

What happens when an appeals court reverses a trial court decision?

Once an appeals court has made its decision, the opportunity for further appeals is limited. As the number of parties filing appeals has risen substantially, the state and federal court systems have implemented changes in an effort to keep up.

Do you have to have a jury in an appeal?

There is no jury in an appeal , nor do the lawyers present witnesses or, typically, other forms of evidence. The court will accept the facts as they were revealed in the trial court, unless a factual finding is clearly against the weight of the evidence. Thank you for subscribing!

What is the difference between a trial and an appeal?

Another difference between a trial and an appeal is the number of judges involved. A single judge presides over a trial. An appeal, however, is heard by several judges at once. How many depends on the jurisdiction. At the initial appeals court level, courts may have from three to a few dozen judges. Yet on the larger courts, the full number of ...

How many judges are there in an appeals court?

How many depends on the jurisdiction. At the initial appeals court level, courts may have from three to a few dozen judges. Yet on the larger courts, the full number of judges seldom hear claims together. Instead, appeals are typically heard by panels, often comprised of three judges.

Can a judge look at ex parte letters?

If you don't have one, you should get one. The judge cannot consider a letter from you. That is an ex parte communication and he cannot look at it. The only thing the judge can look at are the pleadings in the file.

Is it appropriate to write a letter to a judge?

It's not appropriate to correspond directly with the judge without providing the other side the communication as well. A letter is also not the appropriate method to have the judge consider information in your case. There isn't much information in your inquiry.

How to explain your side of the story?

You should be explaining your side by filing a Request for Orders and Supporting Declaration of all relevant facts which support your request. Your other opportunity to share your side of the story is by your own testimony and that of your witnesses while at the court hearing. Keep in mind, that the information must be relevant to the issues ...

Writing in a Professional Tone

The best way to write a letter to a judge is in business style, which is a formal way of structuring your message (outlined below). In addition to following a business-style structure, you should write the letter in a professional tone to ensure the judge will take your letter seriously.

Sample Letter To Judge

My name is (first and last), and I am a doctor in the state of Nevada. I am writing on behalf of my brother, (defendant) to request that he receives primary custody of his two children, (name and name). The custody hearing is scheduled for (date).

Other Considerations When Writing a Letter to a Judge

While we’ve covered the best way to write a letter to a judge, there are some things that are not appropriate to write about, such as evidence for a case. If you have information about a case that has not been presented to the authorities, you are responsible for contacting the police and turning over the evidence.

Types of Discovery

The Right to Discovery: Brady Material

• Courts have held that the U.S. Constitution doesn’t impose a general duty on the prosecution to disclose “material” evidence to the defense. “Material” is generally shorthand for “relevant”; it’s often used to refer to evidence that, if disclosed, could affect the outcome of a case.

See more on lawyers.com

Federal and State Discovery Statutes

Questions For Your Attorney