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Section 15 of the Judiciary Act of 1789 provided: [A]ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the ...
Civil rights cases concluded in U.S. district courts, by disposition, 1990–2006 [1]. Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from other parties.
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. [2] Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case.
A request for production is a legal request for documents, electronically stored information, or other tangible items made in the course of litigation.In civil procedure, during the discovery phase of litigation, a party to a lawsuit may request that another party provide any documents that it has that pertain to the subject matter of the lawsuit.
A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.
Alternatively, it may be "with instructions" specifying, for example, that the lower court must use a different legal standard when considering facts already entered at trial. A partial remand occurs when an appellate court affirms a conviction while directing the lower court to revisit the sentencing phase of the trial. Finally, it may remand ...
Parties can bring documents to the deposition and ask document identification questions to build a foundation for making the documents admissible as evidence at trial, as long as the deponent admits their authenticity. The court reporter and all parties in the case are usually provided a copy of the documents during the deposition for review.
Presenting lawyers usually cannot simply make speeches or read their briefs when presenting oral argument to an appellate court. [1] Unlike trial court procedure, where judges intervene only when asked by the parties to resolve objections, it is typical for judges at the appellate level to be active participants in oral argument, interrupting ...