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Simple English definitions for legal terms

pretrial discovery

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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

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true i love ur user
18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
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try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
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