Questions tagged [discovery]
The discovery tag has no usage guidance.
53
questions
4
votes
0
answers
272
views
Can a driver "demand" a blood test in Alabama?
Context
I understand that, in most states, you more or less must* consent to a chemical blood alcohol content test if arrested on suspicion of DUI.
In Alabama specifically, the law states (emphasis ...
22
votes
1
answer
2k
views
When did criminal discovery rules substantially form?
The apparent non-existence of any criminal discovery/disclosure in Anatomy of a murder (1959) has struck me as odd and wildly disturbing. The trial is just a series of surprises to both sides.
For ...
7
votes
2
answers
3k
views
An attorney can't afford to pay for professional services to search & retrieve required documents for civil & criminal proceedings, what happens next?
If an attorney in the US is being required to produce substantial but selected legal records and documents for a mix of criminal and civil litigations against the attorney, and these documents are ...
1
vote
1
answer
544
views
What happens if a witness that has been subpoenaed refuses to speak to the opposing party's lawyers?
I'm not a lawyer, and this is a hypothetical situation that I thought about while watching a trial.
If a prosecutor issues a subpoena for someone to testify at a trial, it's my understanding that the ...
4
votes
2
answers
345
views
Discovery of Evidence - Context, Significance and Meaning?
(In US criminal proceedings) The Prosecution must provide all evidence against the Defendant to the Defense before the trial begins in the "Discovery process".
Is the Prosecution also ...
2
votes
0
answers
843
views
In the real case represented in the Travolta film A Civil Action, why didn't plaintiffs just wait for the EPA report?
The film A Civil Action starred John Travolta as plaintiffs’ attorney Schilchtmann. It tells the true story of the plaintiffs’ efforts to establish the liability of two corporate defendants (Beatrice ...
1
vote
2
answers
1k
views
What are the Defense / Prosecution required to share with each other?
If the prosecution has their hands on some choice evidence that can be used as a "gotcha" against the defense and catch them off guard, are they allowed to do that? Or are the prosecution ...
2
votes
1
answer
49
views
Time limits in requesting discovery?
Is there a time limit for an opposing side to ask for discovery in a civil suit in MA?
1
vote
2
answers
178
views
Defendant's Cherry-Picking
In Discovery, "the prosecutor is obligated to provide to the defendant any information that is exculpatory or potentially exculpatory".
I am looking for cases where the defendant, on the ...
-5
votes
1
answer
83
views
Can I ask a retail store for video & audio they may have of me? [closed]
https://g.co/kgs/Mprheh
Please read the link I provided. It will take you to a Google review I have left for a retail store in my area. It'll explain it all!
Thank you for all and everyone's help.
...
7
votes
3
answers
2k
views
Can medical records ever be subpoenaed or discovered in any judicial context?
My understanding is that medical records are legally privileged. What does this actually mean? Can they ever be required by a court to be disclosed under any context, or for any reason? (e.g. if ...
16
votes
3
answers
4k
views
Could Alex Jones' lawyer have claimed back the data he should have produced in discovery?
As I understand it from the news and some blogs:
Alex Jones and his lawyers were asked during discovery to provide any message from his cellphone that did mention the Sandy Hook massacre. He claimed ...
24
votes
1
answer
6k
views
Was Alex Jones's attorney handing over phone-record evidence a "mishap" or required by law?
CNN reports on Alex Jones's case regarding Sandy Hook as follows:
Jones, who was the sole witness for the defense during the trial, did not fare well Wednesday as he was cross-examined by the ...
2
votes
4
answers
197
views
Can a company or lawyer force someone to turn over an encryption key?
In the Office episode The Deposition, Jan sues Dunder Mifflin for wrongful termination. During the deposition she pulls out Michael's journal to help her case.
Suppose Michael encrypted his entries (...
1
vote
1
answer
275
views
Will Twitter's lawsuit against Elon Musk allow him to force disclosure of the bot data he was seeking from Twitter?
Elon Musk made an offer to Twitter to buy the company. Twitter's board accepted. Apparently Twitter had some obligations in the fine print to disclose certain aspects of their userbase (there is a ...