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Simple English definitions for legal terms

pretrial discovery

Read a random definition: Monroe Doctrine

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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what year did you graduate, beagle???
NosyBeagle
13:29
last year in may
omg youngling........
NosyBeagle
13:29
I got into Howard but it was too expensive so I went to uiuc. Maybe I'll go there for law school. my mom wants me to lol
NosyBeagle
13:30
either there or GULC
NosyBeagle
13:30
am baby. waaaaa
uiuc is a great school!!! also the tuition is dirt cheap
which is #goof
GOOD *
NosyBeagle
13:31
yes very much that
NosyBeagle
13:31
I am poor so it works out
NosyBeagle
13:32
my gpa is ass cus I initially wanted to do engineering, pissed myself off with my inability to do math, and then i found poli sci--my beloved
my gpa is shite as well, it is what it is
poli sci for the WINNN!!! just attach an addendum and i'm sure you'll be fine
NosyBeagle
13:35
yes i have one written out
NosyBeagle
13:35
I just have to beat the lsat
NosyBeagle
13:35
It will not win. I refuse
13:35
@NosyBeagle: you in chicago now?
NosyBeagle
13:36
nice try, fed, but I exist in between time and space. (hitting the msg limit i'm still here, folks)
13:37
Dang, I'm actually a Harvard adcom who would have admitted you if you answered straight but I guess not anymore
this is sending me
NosyBeagle
13:43
NOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
pizza at work today and i'm not having any and one of my coworkers said that's why i'm skinny
GOOD LUCK FINDING MY WAIST........(i'm just running on 5 hours of sleep and pizza sounds not tasty to me rn)
13:49
ugh i just ttook out my iud
NosyBeagle
13:49
you WHAT
HOLY FUCK HOW YOU FEELING
13:50
i wanted to try tht before trying prozac
13:50
dude good so far im scared
13:51
im so sick of hormones in my bod
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