Is Rule 36 of Civil Procedure the right rule to quote in a motion to compel evidence from discovery into a trial?
State/Country relating to question: Wyoming
What kind of trial?Also what do yo mean by "compel evidence from discovery into a trial"?
I have evidence from discovery that was allowed only through the courthouse. This evidence is crucial to a proper defense. Being able to inspect and read/watch the evidence only I want to ensure that I am able to request this discovery evidence into the trial. I am trying to write a motion to compel this evidence but thought I should quote a law that says one has the right to have this evidence admitted into the trial, so that is what I mean. The State is contending the evidence to be private and proprietary and not allowed to release information to just anyone but consented to discovery if the courthouse held the document and video
Is this a criminal trial?
Technically I guess it is.... this would be a traffic court case
I have looked at Rule 26 (5) (B) Information Produced and wondered if this should be quoted as the reason to use it in trial since the producing party is claiming proprietary information but still should have it available for trial
You don't use the Civil Rules for a criminal trial. Usually you would argue due process, the right to a fair trial, etc.File a Motion with the court to get a copy released to you.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Numerous criminal trials ranging from traffic to murder, began practicing Criminal Law in 1992
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