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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 ...
Discovery can be obtained from nonparties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. [2] Conversely, a party or nonparty resisting discovery can seek the assistance of the court by filing a motion for a protective order.
TRW Inc. v. Andrews, 534 U.S. 19 (2001), is a United States Supreme Court decision holding that the discovery rule (that a federal statute of limitations begins to run when a party knows or has reason to know that she was injured) does not apply to the two-year statute of limitations of the Fair Credit Reporting Act. [1] [2]
In 1974, the California Supreme Court ordered the legislature to create the discovery system, ending the state's experiment with judicial discovery rule-making. [4] [5] In 1970, the United States Supreme Court first set down principles in terms of the constitutionality of discovery rules. In Williams v.
Nix v. Williams, 467 U.S. 431 (1984), was a U.S. Supreme Court case that created an "inevitable discovery" exception to the exclusionary rule.The exclusionary rule makes most evidence gathered through violations of the Fourth Amendment to the United States Constitution, which protects against unreasonable search and seizure, inadmissible in criminal trials as "fruit of the poisonous tree".
After a long delay blamed on the Watergate scandal, the FRE became federal law on January 2, 1975, when President Ford signed An Act to Establish Rules of Evidence for Certain Courts and Proceedings, Pub. L. 93–595, 88 Stat. 1926. [2] The law was enacted only after Congress made a series of modifications to the proposed rules.
The process is considered in Canada to be time-consuming and expensive when conducted without limits. As a result, Rule 31.05.1 of the Ontario Rules of Civil Procedure has, since January 1, 2010, limited examinations for discovery to seven hours per party except with consent of the other parties or the leave of the court. [7]
The Texas Gulf Sulphur Company was one of the largest sulfur mining companies in the world from 1919 to 1981. By 1925 the company controlled 40% of the U.S. sulfur market. [ 1 ] It was formed in 1909 and acquired in 1981, after expanding across the United States from Texas into Mexico, Canada, and Ethiopia.