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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 36939
Experience:  30 years in civil, probate, real estate, elder law
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I have prepared a motion court trial I have scheduled on

Customer Question

I have prepared a motion for discovery for a court trial I have scheduled on march 14th.I was hoping you could give me some insight on who exactly I should send this motion to.
Submitted: 11 months ago.
Category: Legal
Expert:  Ray replied 11 months ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.Any interrogatories(written questions) or motion to produce is filed with the other party.Only if they fail to respond would you attache it to a motion to compel.They have to timely respond to the motion here or you would then compel it.Here it is not necessary to file discovery with the court unless it is not answered by the other side.

I appreciate the chance to help you tonight.I wish you good luck with the trial.Thanks again.

I wish you a happy holidays as well.

Customer: replied 11 months ago.
What time frame would constitute a timely response? It seems as though the state is hoping I'll give this up and just give them twelve hundred dollars and plead guilty to this fabricated charge.
Customer: replied 11 months ago.
Again, do I send the motion for discovery to the clerk of court for Tazewell County?
What is the sequence of events on the day of trial.
If you were prosecuting this case,what techniques would you use to assure victory?
Expert:  Ray replied 11 months ago.

Here are samples for you see page 29 for forms and self help..

http://www.illinoislegaladvocate.org/calendarUploads/Criminal%20Defense%20Training%20ProBono.pdf

You need to call the court and ask if this is an arraignment day or full blown trial here.There is usually an arraignment day and you then may file motions and have court rule on them.Then the court would set a trial date say several months in the future.If you want a jury trial you can raise that as well.You may be offered a plea here by the other side to see if it is resolvable.I would try to get your motion on file so it may be responded too.It is possible that the other side will comply.

The other side here will present first as they have burden of proof.Each side has an opening statement.Then they call witnesses and you then cross examine each one.Then they rest and you call yours and they can cross yours as well.

If you have any evidence or witnesses you want to present all you can during trial here.

Thats the process.

I appreciate the follow up here.