What is the discovery process Why is this process important to the disposition of cases?

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.

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Demand for Discovery in an Action for an Accounting

Pima Arizona Demand for Discovery in an Action for an Accounting

Name: Pima Arizona Demand for Discovery in an Action for an Accounting
Brand: US Legal Forms
Rating: 4.56 (258 reviews)

Category:

Civil Procedure - Discovery - Requests for Production

State:

Multi-State

County:

Pima

Control #:

US-L0107C

Format:

Instant download

Description

This document is the plaintiff's demand for discovery in a lawsuit filed by a former partner seeking an accounting of his former firm, when the partnership agreement did not provide for an accounting. It contains a request for production of documents.

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FAQ

In order to establish negligence, you must be able to prove four elements: a duty, a breach of that duty, causation and damages.

There are a number of specific causes of action, including: contract-based actions; statutory causes of action; torts such as assault, battery, invasion of privacy, fraud, slander, negligence, intentional infliction of emotional distress; and suits in equity such as unjust enrichment and quantum meruit.

Some of the most commonly cited causes of action include: Breach of contract. Fraud. Torts (battery, assault, negligence, intentional or negligent infliction of emotional distress, slander, invasion of privacy)

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.

To begin preparing for trial, both sides engage in discovery . This is the formal process of exchanging information between the parties about the witnesses and evidence they ll present at trial. Discovery enables the parties to know before the trial begins what evidence may be presented.

1. An action for an accounting. An action for an accounting has two elements: (1) that a relationship exists between the plaintiff and defendant that requires an accounting and (2) that some balance is due the plaintiff that can only be ascertained by an accounting. (Teselle, supra, 173 Cal. App. 4th at p.

This can include: letters; emails; photographs; calendars or agendas; financial information, like W2s, bank statements, and tax returns; deeds or land contracts; and. other relevant physical items, like weapons, cell phones, or damaged property.

In practical terms, a cause of action is what a plaintiff pleads in a lawsuit, governs what evidence is relevant, and what questions are submitted to the jury. Knowledge of the elements of a particular cause of action or theory of liability is essential to the proper prosecution or defense in any civil lawsuit.

An action for an accounting is an equitable cause of action. As discussed below, for statute of limitations purposes, the cause of action for an accounting must sometimes be distinguished from the remedy of an accounting.

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

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Many of the same issues in a divorce must be hashed out in an annulment, including custody and child support. An equitable accounting is not a books and records demand.The Arizona Public Records Law, see Salt River Pima-Maricopa Indian Cmty. v. Offerors shall populate the demonstration system with sufficient data to demonstrate the required functionality. After the defendant files his answer with the court in response to plaintiff's complaint, the parties move into the "discovery" stage. Depositions. In a deposition, one party or that party's lawyer conducts face-to-face questioning of the other party or a witness to the dispute. Consider taking in a knockout view of the moon, Tucson city lights and an aweinspiring spread of stars all from the Tumamoc Hill trail. • timely evidence discovery to enable effective de- fense participation during plea negotiations? Title 12 - Courts and Civil Proceedings ; Chapter 2. Many of the same issues in a divorce must be hashed out in an annulment, including custody and child support.

Pima Arizona Demand for Discovery in an Action for an Accounting

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What are the four elements of a cause of action?

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What is the discovery process Why is this process important to the disposition of cases?

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What is a cause of action for an accounting?

What types of items might be involved in document discovery?

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Is accounting a cause of action or remedy?

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