what does it mean when my attorney files a motion of discovery and a motion to dismiss

What is a motion for Discovery?

May 13, 2016 · Question: My fiancée was charged with trafficking and he is in jail. At the bond hearing, I heard him asking his lawyer when he would get his motion for discovery. What does that mean? Answer: “Discovery” in a criminal case refers to the exchange of evidence and statements between opposing sides of a case. Both the prosecution and the ...

Can a defendant file a motion to dismiss instead of answer?

Mar 08, 2022 · A motion for discovery is a legal request to the court in a civil trial. The request asks the court to mandate that the opposing council and party turn over a given piece of material or information. It occurs during the pre-trial process in which each party prepares his or her case to present to the judge.

When to file a motion to compel discovery with exhibits?

Jan 28, 2020 · About compelling discovery. Discovery is a key step in the legal process, allowing each party to request specific information from the other party. Each side reviews propounded discovery, using it to build their case. If one side neglects to respond to requests for discovery by the deadline, the requesting party may choose to file a motion to compel discovery. Other …

What happens during the discovery process in a civil case?

Motion To Compel Discovery Law and Legal Definition A motion is a request asking a judge to issue a ruling or order on a legal matter. Usually, one side files a motion, along with notice of the motion to the attorney for the opposing party, the other side files a written response, and the court holds a hearing, at which the parties give brief oral arguments.

What types of evidence can be legally obtained during the discovery process?

Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and ...

How long does a plaintiff have to respond to a motion to dismiss in Florida?

In general, the opposing party will have approximately two to three weeks to answer to a motion to dismiss. If the party fails to make a counterclaim to a motion to dismiss in Florida promptly, the court can grant a motion to dismiss, and it will be treated as unopposed.Sep 17, 2021

What is the discovery phase of a lawsuit?

Discovery is the pre-trial phase in a lawsuit in which each party investigates the facts of a case, through the rules of civil procedure, by obtaining evidence from the opposing party and others by means of discovery devices including requests for answers to interrogatories, requests for production of documents and ...

How much time do you have to respond to a motion in Florida?

A party may reply to a response to a motion for summary judgment within fourteen days after service of the response. The reply must not exceed seven pages inclusive of all parts.

Can a defendant file a motion to dismiss?

The present rules allow the filing of a Motion to Dismiss on the basis of (a) lack of jurisdiction over the person of the defendant; (b) lack of jurisdiction over the subject matter; (c) improper venue; (d) lack of capacity to sue; (e) pendency of action between the same parties for the same cause; (f) cause of action ...Mar 6, 2020

What are the three types of discovery?

That disclosure is accomplished through a methodical process called "discovery." Discovery takes three basic forms: written discovery, document production and depositions.Nov 29, 2018

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.Oct 27, 2020

What does discovery mean in court?

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.Nov 28, 2021