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The Brady doctrine is a pretrial discovery rule that was established by the United States Supreme Court in Brady v. Maryland (1963). [2] The rule requires that the prosecution must turn over all exculpatory evidence to the defendant in a criminal case. Exculpatory evidence is evidence that might exonerate the defendant. [3]
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.
Pursuant to California Rule of Court 3-1345 a motion to compel must include the following parts: (c) Contents of separate statement A separate statement is a separate document filed and served with the discovery motion that provides all the information necessary to understand each discovery request and all the responses to it that are at issue.
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.
"The right to a trial by jury of our peers is core to our system of justice," said Sam Gedge, a senior attorney at the Institute for Justice, in a statement after the Indiana Supreme Court's ...
It is the intent of the rules of procedure that pre-trial discovery take place without any intervention of a judge. So-called "fishing expeditions" (massive and aimless calls for all documents related to the litigation) are permissible under Federal Rule of Civil Procedure 26 (b) (1).
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related to: indiana trial rules for discovery