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Motion for Discovery Questions

Motion for discovery is a procedure that allows both parties of a lawsuit to request evidence from each other in an attempt to support their cases. There are numerous ways to obtain evidence. Many people who want to learn more about motion for discovery ask the Experts. Below is five of the top motion for discovery questions answered by the Experts.

Can a person file a post trial motion for discovery based on new evidence?

In order to file an appeal, you must do so within 10 days of the ruling and the appeal must be with the court which made the ruling. You will then have 30 days from the entry date of the final judgment to build your appeal to the appellate court. You will need the court transcripts sent to the appellate court. The court reporter will have the transcript but the court clerk will send it to the appellate court. This is the only way to get the court transcripts. You can also request any taped sessions of the hearing and add these to the written transcripts.

In a civil/ family court situation, you will need to file for a "motion for reconsideration". You need to express to the court that the new evidence is such that couldn't have been discovered in a reasonable manner at the time of the trial.

Can a person file for a motion of discovery after a divorce?

Generally, you would want to do this before a divorce and before the marital assets have been separated. If you believe that your ex-spouse was concealing assets, you can file for a motion to set aside the judgment, and ask for discovery of assets. This can be done at anytime, but usually is done within months of a divorce. If years have passed, there really wouldn't be a need to file for a motion to set aside judgment.

You could file for a motion to correct errors, but you only have 60 days after the divorce to file this type of motion. However, there is no time limit on filing for a motion to set aside judgment based on surprise, mistake or excusable neglect.

Can a person file a motion for failure to turn over discovery if they are acting as their own attorney?

Generally, you would want to hire an attorney to handle a matter such as this. Many people are not familiar enough with court procedures or law. However, you have every right to act as your own attorney, which means that you can do anything your attorney would do. This means that you can file for a motion of discovery. If you are acting as your own attorney because you can't afford one, you may be able to find legal assistance from a local legal clinic. You could also obtain a lawyer by asking the court to award attorney fees. This could offset your cost and make it easier for you to hire an attorney. If one spouse is unable to afford an attorney, the court may ask the other party to pay attorney fees for them.

When receiving a motion to amend and a motion for discovery, what do you do?

Usually, the motion to amend is due to the other party asking the court to allow them to modify or change their plea or to modify the petition which has been filed. A motion for discovery is when the other party wants you to produce a list of items that has been named in the motion. For example, they could be requesting financial reports, bank statements, pay stubs, etc. If you read the motion, it will specifically state each item that the other party is requesting.

How does a person respond to a discovery request?

When you receive a discovery request, you simply state each request and beneath the request offer your answer as direct as possible. You will then provide a list of items that are specific to the request. If you have several documents, you can attach them with tabs and state which tabs are in response to which request. For example, financial statement for 2010 is attached at tab 2. When you have completed the request to the best of your ability, sign it and have it notarized.

When involved in a court situation, many people choose to have an attorney to take care of the legal stipulations of the sessions. However, some people choose to handle the task on their own. Court proceedings can be tricky or confusing to people who are not familiar with family law. Motion for discovery related questions are answered by the Experts. The Experts can answer any questions that you may have and offer solutions to your individual situation.
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