Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

pretrial discovery

Read a random definition: contra jus commune

A quick definition of pretrial discovery:

Pretrial Discovery is a stage in a lawsuit where parties exchange information about the evidence they will present in court. The goal is to make sure everyone knows all the important facts so that the case is decided based on the truth. Each party can ask the other party questions or ask them to admit or deny certain things. This helps them prepare for trial. In criminal cases, the rules for pretrial discovery are different in different places, but in general, defendants have the right to see evidence that could help prove they are innocent.

A more thorough explanation:

Pretrial Discovery is a legal process that happens before a trial where parties exchange information about the evidence that will be presented in court. The goal of pretrial discovery is to make sure that everyone involved in a lawsuit has access to all the relevant facts. This helps ensure that the case is decided based on the facts, rather than whether facts have been hidden.

During pretrial discovery, each party can use different methods to get evidence from the other parties. Some common methods include:

  • Deposition: a witness's sworn testimony given outside of court
  • Interrogatory: a list of questions that one party sends to another party, which the recipient must answer under oath
  • Request for Admission: a statement that a party affirms or denies under oath

In civil cases, pretrial discovery is governed by Rules 26 to 37 of the Federal Rules of Civil Procedure. The rules state that parties can obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense. However, the discovery must be proportional to the needs of the case and consider six factors, such as the importance of the issues at stake and the parties' resources.

In criminal cases, pretrial discovery is generally governed by statute, legislative policy, or precedent. Some jurisdictions recognize that discovery is allowed under the Due Process Clause, but they disagree on the degree to which pretrial discovery is allowed.

For example, in the Western District of New York, a defendant has a pretrial discovery right "to specific exculpatory evidence which is material either to guilt or punishment" under the Fifth Amendment's Due Process Clause. This means that the defendant can request evidence that could prove their innocence or reduce their punishment.

On the other hand, in Florida, there is no constitutional right to discovery in a criminal case. However, defendants do have a right to pretrial discovery under Florida Rule of Criminal Procedure 3.220(b). This means that defendants can request evidence that could help their case, but they don't have a general right to access all the information in the state's files.

These examples illustrate how pretrial discovery can vary depending on the jurisdiction and the type of case. However, the overall goal is to make sure that everyone involved in a lawsuit has access to all the relevant facts.

pretrial | Pretrial lineup

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
LSD+ is ad-free, with DMs, discounts, case briefs & more.