Requesting Discovery Form With Court In Alameda
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FAQ
Discovery allows you to get information and evidence from the other party or other persons you can use in your lawsuit.
You can use Proof of Service by First Class Mail (form POS-030). It helps if you fill in the top part of the form with the case and court information. Your server can then fill in the information about how, when, and where they served the papers. Your server must then sign the form.
Parties usually send their discovery requests and responses to the other party electronically, by email. But, parties may also send or respond to discovery requests by U.S. mail or a parcel service. Discovery requests and responses should not be sent to the Administrative Judge, except to support a motion.
Discovery is the formal process by which the parties to a case in court exchange information about the case. This includes information about the witnesses and evidence to be presented at trial. Its purpose is to make the parties aware of the evidence which may be presented at trial.
One of the most common methods of discovery is to take depositions. A deposition is an out-of-court statement given under oath by any person involved in the case. It is to be used at trial or in preparation for trial. It may be in the form of a written transcript, a videotape, or both.
However, most personal injury cases settle before trial. Instead, they may offer the settlement well after the trial starts. This typically happens after discovery, but it may even happen after the jury reaches a verdict.
You must complete discovery 30 days before your trial The deadline for finishing discovery (the discovery cutoff) is 30 days before the original date set for a trial unless the parties have agreed or the court has ordered to extend the time. You need all the responses by this date.
Discovery ends 30 days before trial (the cutoff date). That means, at the very latest anything you ask for must be due 30 days before your trial. At the latest, you need to serve your requests 60 days before your trial date (65 if you serve by mail).
