Louisiana Motion for Discovery City Court

State:
Louisiana
Control #:
LA-5206
Format:
Word; 
Rich Text
Instant download

Description

This is an example of a motion for discovery filed by the defendant in a criminal case. Defendant requests information regarding the prosecution’s case against him, and inspection of all documents and evidence, etc. related to the case. An order to show cause is attached.
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FAQ

In both civil and criminal cases, discovery involves investigating the evidence that the other side plans to present. It can prevent any surprises at trial, narrow the issues that are disputed, and often help the two sides reach a resolution out of court rather than going through a full trial.

Discovery enables the parties to know before the trial begins what evidence may be presented. It's designed to prevent "trial by ambush," where one side doesn't learn of the other side's evidence or witnesses until the trial, when there's no time to obtain answering evidence.

Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and

Motions are not pleadings but are requests for the judge to make a legal ruling. Some of the most common pre-trial motions include: Motion to Discover. A motion by which one party seeks to gain information from the adverse party.

What it means to file a motion: A motion, in its simplest form is a list of requests that you are asking the Court grant on your behalf. You, or your attorney on your behalf, will file a Notice of Motion which includes a list of requests for the court to rule upon.

Learn how to file a motion (a written request for some type of relief) to get your case or part of your case - in front of the judge for a decision. You can use motions to try to resolve the case completely.

A hearing for the purpose of asking a judge to issue a ruling or order. The motion is typically filed by one side and a notice is sent to the opposing attorney who responds in writing.

If the motion has been filed with the Clerk of Court you would be able to obtain a copy from the clerk's office in the county where the motion was filed.

The plaintiff must respond by the deadline. There are different ways to make sure you get each kind of discovery if the plaintiff does not give it to you by the deadline. If the plaintiff does not respond to the court order, then you can file a Motion to Dismiss and you may win your case.

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Louisiana Motion for Discovery City Court