Formal discovery requires the parties to show their evidence to each other before the trial if asked to do so. This guide is intended to be a summary of basic discovery procedures.Ordinary course of discovery without further order of the court. Sometimes a decision will state "Submit Order. " The submitting party should prepare a long form order and make it returnable without notice. You may be able to adapt these forms to state procedure if your state's discovery law is similar to that contained in the Federal Rules of Criminal Procedure. A Motion to Compel is a formal request to the. Court to require a party or a non-party in a lawsuit to comply with a discovery request such as a request for. Yes, there are unique rights connected with a defendant in a criminal case. Each party is allowed to take up to ten depositions without the judge's permission.