1. Discovery
Discovery stage in US trial courts
EZZELDIN BASSYOUNI
MASTER OF LAW USA 01225297655
أعمال ورجال محامين إنجليزى تجارة إنجليزى حقوق
Ezzbassyouni@gmail.com
ezzbassyouni 01225297655
2. What is the discovery phase of a
trial?
The discovery period of any trial
is essentially a time to prepare. Discovery
is when all information and evidence is
made available to each party in order to
prepare for trial. It will include things like:
Official reports, toxicology reports, DNA
reports, police reports and written or oral
testimony. ezzbassyouni 01225297655
3. What is the rule of discovery?
Discovery, in the law of common law
jurisdictions, is a pre-trial procedure
in a lawsuit in which each party,
through the law of civil procedure,
can obtain evidence from the other
party by means of discovery devices
such as interrogatories, requests for
production of documents.
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4. What happens in discovery phase?
During the discovery phase,
both parties learn what the other
knows about the evidence by asking
for certain documents, asking for
answers to interrogatories, and
taking depositions of witnesses who
are under oath.
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5. Is there discovery in
Criminal trials?
In both civil and criminal
cases, discovery involves
investigating the evidence that
the other side plans to present.
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6. What are the major methods of
discovery?
1) interrogatories
2) requests for production of
documents & inspection
3) requests for admissions
4) depositions
5) subpoenas
6) physical and mental examinations
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7. What happens if you don't comply
with discovery?
Failing To Respond To Discovery Can
Lead To A Dismissal Of Your Case
With Prejudice. The trial court
dismissed the Plaintiff's complaint
with prejudice and entered a default
judgment in favor of the Defendant on
his counterclaims or impose other
sanctions.
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8. Discovery in depth
Discovery is The exchange of
information ,exhibits and
documents between parties
governed by states rules of civil
procedures or FRCP
Federal rules of civil procedures
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9. Purpose of discovery
Avoid trial by ambush .
Better trial preparation.
More information for fact finders .
Reveal basis for suit – defenses.
May lead to early disposition.
Identifies undisputed facts.
Narrows the issues .
Gather information from opponent .
Present evidence .
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10. SCOPE OF DISCOVERY
Courts apply discovery liberally
Any thing relevant and not privileged
is discoverable.
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11. Concepts discovery include every thing reasonably
calculated to lead to the discovery of admissible
evidence .
note
Attorney work production not discoverable ,letters ,
records, produced in anticipation of litigations,
mental theories of attorney, work notes in attorney
office not discoverable .
Continuing obligations to supplement
what you disclosure before ,what is incomplete
,what is need correction should be discovered
the idea to have both parties access to much evidences
,most information before the trial
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12. Discovery devices
A-Request for disclose
party must disclose
corrections of names of parties
identify of potential parties
Any persons who know any thing any
knowledge about the case
B- Interrogatories
written questions by one party to another used
to identify facts ,people , existence of certain
documents ,expert witnesses ,legal theories,
and damages calculations.
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13. Discovery devices cont.
C-Request for production /inspection
A request from one party to another to provide specific
documents ,evidence, inspection of real property, this
may need motion order
D-Request for Admissions
Request by one party for another party to a admit the
truthfulness of certain facts before trail
F- motion for physical or mental examination
Request by one party for another party under go for an
examination this require court order
G- Deposition oral or written
Out of court question and answer session under oath
deponent person being testifying may be either a party or
non party
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14. Two different kind of deposition
Oral –Written.
Oral - deponent answers questions of a
party's attorney, all attorneys usually
present .
Court reporter records the testimony
(stenographic)
can be taken by audio recording or video
recording ,this is good for spontaneous
Q&A ,here you pay for attorney time ,court reporter- so
it costs & expensive
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15. Written deposition
Deponent respond to written
questions read by court reporter
Attorney may not be presented
used to obtain business records
straight forward test
Inexpensive
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16. SANCTIONS FOR DISCOVERY UPUSE
failure to respond a party may face
Disallow from future discovery.
Charge expenses of discovery.
Establish facts are true .
Prohibit certain things (evidence).
Order compliance.
Attorney fees and expenses.
Default judgement.
HOW THINDS GOING ON?
Attorney conference-motion to compel
Motion for sanctions.
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