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What is the discovery rule? Generally speaking, the discovery rule means a statute of limitation does not begin to run until the injured party knows, or should have known, that he had a cause of action.
Motion to dismiss the complaint is NOT part of the discovery process in civil litigation.
Rule 26 of the Mississippi Rules of Civil Procedure allows a party to obtain this information by using an interrogatory. An interrogatory is simply a written question. The rule also allows a party to seek a court order to take the deposition of the expert under oath.
Lack of realization could cause you to miss the statute of limitations; however, Mississippi has a discovery rule. The discovery rule extends the statute of limitations in specific circumstances where the victim did not immediately discover the injury.
Any party may serve as a matter of right upon any other party written interrogatories not to exceed thirty in number to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such ...
We don't like Motions to Compel. Judges don't like them, and neither do the opposing parties we bring them against. But they are, sometimes, required to be brought in cases where you need information to make sure you know what facts, witnesses and documents are in a case prior to going to going to trial.
Discovery: A procedure designed to allow disclosure of information between Plaintiffs and Defendants. Written questions, oral questioning, document production and admissions requests are generally allowed.
All discovery must be completed within ninety days from service of an answer by the applicable defendant.