The discovery rule is a legal principle that allows the statute of limitations to begin not at the moment of the accident but rather when you became aware of your injury.
You or your lawyer may file a motion for discovery to request that the state produce evidence it plans to introduce at trial. Your lawyer needs to know the type of evidence the state will use against you at trial so that they can properly prepare for your case.
The privilege log, appendix and accompanying memorandum of law must be sufficient to establish a prima facie case to support assertion of each privilege or protection. No party may submit documents for the Court's in camera review, unless the Court issues a subsequent order requesting such submissions.
How Long Does it Take to Get Discovery in a Criminal Case? Generally, the prosecution must provide discovery within a set period after the defense's formal request, often ranging from a few weeks to several months.
Information obtained during discovery shall not be filed with the court until such time as it is filed for good cause. The requirement of good cause is satisfied only where the filing of the information is allowed or required by another applicable rule of procedure or by court order.
Florida's statute of limitations for personal injury cases is generally two years from the date of the injury. However, the discovery rule allows for an exception: the statute of limitations may begin on the date you first discovered (or reasonably should have discovered) the injury.
Discovery materials are filed only in limited circumstances, including if ordered by the Court, if necessary to the presentation or defense of a motion, or if required by law or rule.
For example, a discovery demand might be for production of the names of witnesses, witness statements, information about evidence, a request for opportunity to inspect tangible evidence, and for any reports prepared by expert witnesses who will testify at trial.
Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties' relative access to relevant information, the parties' ...