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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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12:49
@llama: love you
12:49
@Dkk: love you
12:49
@PizzaDude: thanks Tony Podesta, means the world
JumpySubsequentDolphin
12:49
@PizzaDude: thanks my brotha
JumpySubsequentDolphin
12:49
@TaraDactyl: it’s a diff kind of love 😞
12:49
@TaraDactyl: i like u u chill
12:50
@TaraDactyl: where were u the last 6months?
Dkk
12:50
Love you too but in a paltonic way as I have given up sex. @PizzaDude
TaraDactyl
12:50
@llama: suffering alone ;-;
TaraDactyl
12:51
also the only reason I've had to time this week to be on this chat is because I'm out sick. Normally I'm working 6 AM - midnight
12:51
@Dkk: yes all platonic
m10
12:51
hahahaha, having to work lol.
12:52
@TaraDactyl: if you arent grinding the lsd chat at work are you even employed
TaraDactyl
12:52
I'm literally in charge. I don't get to pretend to listen if I'm the one talking lmao
12:52
im in charge too
12:53
i got hella employees
12:54
no he doesnt have a computer
m10
12:54
Most people I was ever in charge of at once was 200 and I hated it. All my employees kept fucking eachother and breaking shit and losing stuff and pissing people off.
12:55
im only in charge of like 20
12:56
they might be fucking each other but idk they all have kids
lilypadfrog
12:56
All my coworkers have children
TaraDactyl
12:57
I'm in charge of 1500. And they are DEFINITELY fucking. I've had angry spouses come into work to yell at *harmless coworkers*
12:57
tara are you a colonel
m10
12:58
Man that sucks, good luck with that.
JumpySubsequentDolphin
12:58
I feel like one of the paralegals I work w was having an affair w an attorney and then he quit for a shittier job so my theory is that his wife was onto them
12:59
@TaraDactyl: we could solve this problem by removing MEN from earth. Once women scientists can consistently self propagate via stem cells, its HOSTA LA VISTA for XYs
lilypadfrog
13:00
If this cycle doesn’t work out I’m having a kid so I can reapply in two years with a PS about how being a mother changed my perspective on the world
TaraDactyl
13:01
@llama noooooo who would start all of the wars?
JumpySubsequentDolphin
13:01
i want a baby
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