If you are appearing as a witness on your own behalf, you should also review all documents or notes which you have which pertain to the case. You should not worry about forgetting something while you are at the discovery however.
This is not a test. If you are asked something that you have forgotten, or don't know without looking up, you can, at the request of the examining lawyer, find out the answer later and advise of it by letter. It is important to be as prepared as possible but don't worry about forgetting something. We emphasize: this is not a test of your memory. What are the results of discovery?
To protect your interests fully, we must prepare your case, right from the beginning, as if it will be necessary to go all the way to trial. However, lawsuits are frequently settled after discoveries have been completed because by then, each party has had an opportunity to review the strengths and weaknesses of the case and that of the other party or parties.
Those strengths and weaknesses are largely revealed by the discoveries. Thus, even if your case is ultimately settled, we will be able to obtain the most favourable settlement for you if we are fully acquainted with the strengths and weaknesses of our case and those of the other parties. Even if there is no settlement, the discovery serves a very useful purpose because it acquaints us with much of the evidence upon which the other side is going to rely at trial and it gives us an opportunity to obtain admissions from the other party which can be used against that party at trial.
It is a valuable proceeding and well worth the effort involved. To avoid surprises at trial and to determine which of the witnesses to call to testify, the prosecutor talks to each witness to find out what they may say during trial.
These conversations will help the prosecutor decide whom to call as a witness in court. Another important part of trial preparation is reading every report written about the case. Based on information in the reports and the information from witnesses, the prosecutor determines the facts of the case. Prosecutors must also provide the defendant copies of materials and evidence that the prosecution intends to use at trial.
This process is called discovery, and continues from the time the case begins to the time of trial. A prosecutor has a continuing obligation to provide the defendant documents and other information which may reflect upon the case.
Further, the prosecutor is required to provide the defense with evidence that may hurt his case, called exculpatory evidence. If the prosecution does not provide it to the defense, it may require a new trial. You are here U. You do not need to file your initial disclosure statement with the court. Just mail it to the other side and any other party who has filed something in the case.
Make sure you keep a copy for yourself. Within ten days after you and the other side make the initial disclosures in Step 1, the parties must file an Early Case Conference Report with the court. Use the Self-Help Center form as an example. In justice court, if one or both of the parties does not have a lawyer, the court must grant the parties permission before any more discovery can take place.
The judge will evaluate your motion and consider such things as the expense of discovery, the amount at issue, whether discovery will delay the case, and whether the issues in the case lend themselves to discovery. If the court grants your request, it can limit the discovery available to you. For tips on filling out legal forms and filing with the court, click to visit Basics of Court Forms and Filings.
When you file your motion with the court, the court clerk will set it for a hearing. Once you have the date and time of the hearing, mail a copy of the motion including the hearing date and time to the other side.
If the court grants your motion, you can use the discovery tools described below to get the information you need.
Click to jump down to Discovery Tools to learn more. Click to visit Justice Court Rules. NAR 3 a. Once an arbitrator is assigned, the parties will meet with the arbitrator and discuss what discovery is needed. NAR The arbitrator will typically issue an order outlining what discovery is allowed and setting important dates. Arbitration in the district court is a great way to resolve cases more quickly and inexpensively than through the normal district court process, which can take years.
Click to visit the ADR Commissioner website. If your case does not go into the arbitration program, at the start of the case the parties must meet in person to discuss the case and the possibility of settlement and to make arrangements to exchange information. NRCP At the meeting, the parties must develop a discovery plan and submit a case conference report to the court. After the meeting, each party must provide a statement to the other side that discloses witnesses, documents, damage calculations, and insurance policies.
NRCP 26 a. The court will issue a scheduling order that states the deadlines to complete discovery and other important dates. EDCR 2. The Discovery Commissioner issues the scheduling order and handles any problems that involve discovery. Click to visit the Discovery Commissioner website. With certain exceptions, within thirty days after the defendant files an answer, the parties must meet in person to plan for discovery and discuss the possibility of settling the case.
For a sample notice of early case conference, click to visit the Discovery Commissioner forms page. The parties must exchange a written list of individuals likely to have information relevant to the case that relates to any claim or defense. The list must include the name, address, and phone number of each person and a general description what they are likely to know.
The parties must exchange all documents in their possession, custody, or control that are relevant to the case that relate to any claim or defense.
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