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Is Rule 36 of Civil Procedure the right rule to quote in a

 
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  • Answered by:JD 1992
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Customer Question

Is Rule 36 of Civil Procedure the right rule to quote in a motion to compel evidence from discovery into a trial?

 

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State/Country relating to question: Wyoming

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Submitted: 298 days and 23 hours ago.
Category: Criminal Law
Value: $25
Status: CLOSED
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Expert:  JD 1992 replied 298 days and 23 hours ago.

What kind of trial?

Also what do yo mean by "compel evidence from discovery into a trial"?

Customer replied 298 days and 23 hours ago.

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

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Expert:  JD 1992 replied 298 days and 23 hours ago.

Is this a criminal trial?

Customer replied 298 days and 23 hours ago.

Technically I guess it is.... this would be a traffic court case

Customer replied 298 days and 23 hours ago.

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

Accepted Answer

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Expert:  JD 1992 replied 298 days and 23 hours ago.

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.


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Expert TypeLawyer
Category: Criminal Law
Pos. Feedback: 98.3 %
Accepts: 2144
Answered: 6/30/2012

Experience: Numerous criminal trials ranging from traffic to murder, began practicing Criminal Law in 1992

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