Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

pretrial discovery

Read a random definition: officina brevium

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
[] c0bra1
16:28
from what ive understood villanova's 3rd market is nyc but the philly ip market is a little small, most of the ppl i talked to had WE in tech first and thats how they got related roles in 1L/2L
[] c0bra1
16:29
they're just so similar on the balancing scale that im second guessing in case im overtly wrong on one of them...but then again all my friends say to quit whining and pick cardozo lol
starfishies
16:30
ngl still a tough decision
starfishies
16:30
but if youre trying to end up in nyc ultimately it seems like the more obvious answer
[] c0bra1
16:31
yeahh thats what it keeps boiling down to lol
[] c0bra1
16:31
i think it would be easier for me to pick nova if the col in nyc wasn't something i was ready for but that's not a problem for me
starfishies
16:31
okay money man
[] c0bra1
16:31
more like i anticipated a way better application and intended to get into fordham lol
starfishies
16:31
you have until the 15th right i feel like u already know what your answer is
[] c0bra1
16:31
yeaaa
starfishies
16:31
i also have a weekly deposit meltdown its okay
[] c0bra1
16:31
hence why i do this little dance every weekend
[] c0bra1
16:32
LOL
starfishies
16:32
my family is sick of me
[] c0bra1
16:32
who knows maybe nyu will be so nice and let me in this week or next and then all my problems will be solved
starfishies
16:33
lol right same
17:05
im freaking out what if i dont get in anywhere
[] c0bra1
17:27
@uglyostrich: don't worry i called all your schools and they said you're getting into at least 2 places
CheeseIsMyLoveLanguage
17:37
Scroll down to commitments.
CheeseIsMyLoveLanguage
17:38
To me it seems that if you don't have all your responses yet (which all schools know it has been a crazy cycle), then you shouldn't be penalized if you put down a deposit, get a response from another school, and choose to go that direction. If the school is stinky about it, it seems you would have some recourse through LSAC
[] c0bra1
17:54
swag yeah thats cool i think ill most likely just deposit at dozo to save myself the constant back-and-forth on the decision -- i dont think ive had a conversation yet where i end up choosing nova despite my best to advocate for it lol
[] c0bra1
17:55
like i said earlier i think if the col was an issue for me id probably pick nova but my heart has always been set on ny and i think id be fine over there
18:37
@c0bra1: Cardozo is such a sleeper holy. Bro NYC Market > most other markets. If u wanna end in NY, it is such a good value prop
18:38
NYC is such a powerhouse of a city/region.
19:11
@c0bra1: tell villanova to let me innnn
[] c0bra1
20:35
@uglyostrich: calling them rn 📲
MeowPossibilities
0:57
do people start getting off WL now or
OlDirtyBtard
0:58
I got off in March because I'm Him
MeowPossibilities
0:59
Slay teach me ur ways
LSD+ is ad-free, with DMs, discounts, case briefs & more.