Discovery is one of the most technical and complex areas of civil procedure and litigation generally. If you are involved in a case, I strongly recommend you consult with a licensed attorney about the discovery process.
Great Video. What happens if both parties do no perform any Discovery? I am involved as a defendant in a Los Angeles Civil case and we have a pre-trial conference in about a month and the trial is scheduled for 3 weeks after the pre-trial conference. The case centers around an accounting that was provided, but supposably not understood by the plaintiff. The are claiming the defendant stole $80,000 though they don't understand the accounting. The defendant offered to go over the accounting if the plaintiff would highlight the areas they did not understand, but their lawyer indicated he would have to highlight the full report which I found to be disingeous. Is this something that should be disclosed to the judge at the pretrial hearing? What will the judge's reaction be? Could he throw the case out for bad faith on both sides? The plaintiff also decided not to schedule the mandatory non-binding mediation. I am not asking for legal advise. I am try just trying to understand how the system works and what reactions we migh encounter from the judges. Thanks i advance. I like your hair. :)
You mentioned that when it comes to a non-party in a case, that the court would have to allow the production of documents. What about federal court, how does the plaintiff seek to get a magistrate to allow a production of documents request to a non-party? One named defendant in my state case has removed the case to federal court, and though I have filed for remand, I know that one of the unnamed parties are a resident of Georgia, but I need discovery from one of the named defendants, to be certain that the unnamed party I have my eyes on is the correct party to be named in an amended complaint.
Can anyone answer why during civil litigations, a opposing party may ask during the discovery questions/admissions like “If you have ever been convicted of a crime (other than a traffic violation), please provide the date of the conviction, the crime charged and the court where the conviction was entered. “ OR asking for the person to “identify all other lawsuits in which you are or were a party, including, but not limited to, civil, criminal, domestic and/or bankruptcy proceedings, and list for each suit the case number, the name of the court, the style of the case, the subject matter of the case, the amount in controversy, the court’s holding, and the amount of damages awarded, if any.”
Thanks For Your Help.. Question, When Does Act 2 Start? Haven't Even Been To My First Court Date On The Petition And Already Asking For These? Am I Missing Something Here? Another Is That Attached To Said Act 2 Each One Has Its Defendant's Sworn Signature Request... Seems Odd...
Does a request for production of documents have to be filed with the court, or can you send an email asking for those documents, or do you have to file something with the court and have it served to the party’s attorney?
It will often depend whether the case is in federal court or in State court and what the relevant rules of civil procedure are for that court. Generally speaking, though, discovery requests are exchanged between the parties; see, e.g.: en.wikipedia.org/wiki/Discovery_(law).
@@TigerLawProf thank you! I figured it out. I’ve found because it is District court, I would have to get permission to do discovery by filing for a lead to discovery. Then I would be able to proceed with the discovery process. However, I don’t even need to do discovery anymore, but now I know for future reference.
Just entering discovery as plaintiff. One thing am not clear on and that is subpoenas for 3rd party. Do these documents requested go to the court, or requestor? Also, can subpoena for documents be served USPS return receipt requested?
Great question! First off, you should always consult a lawyer who is licensed to practice in the jurisdiction in which the court is located and that has actual experience in these matters, but generally speaking, only a judge has the power of issuing a subpoena. Also, the procedural rules for requesting a judge to do this will vary depending on what court you are in.
Generally speaking, discovery occurs after the pleadings stage, but there are many exceptions to this rule. The key is: one should always be represented by an attorney, who will be aware of the relevant exceptions in your home State.
Sorry for the late reply as I have been travelling. Yes, generally speaking, a deposition means that a lawsuit has already been brought, but beware: some jurisdictions may allow a party to take a deposition before a lawsuit is brought if certain conditions are met, so you should always consult a lawyer who is licensed to practice in the jurisdiction in which the court is located and that has actual experience in these types of cases.
Thanks for your effective presentation and everything (time/cost/effort) you put into it!
Good video. I would like to see the detailed steps on how to conduct discovery.
Discovery is one of the most technical and complex areas of civil procedure and litigation generally. If you are involved in a case, I strongly recommend you consult with a licensed attorney about the discovery process.
good videos really helps alot
Thank you judge.........................
great information
thanks!
@@TigerLawProf please keep posting more videos, I learn a lot
Great videos and great wig ❤
Thanks!
Great Video. What happens if both parties do no perform any Discovery? I am involved as a defendant in a Los Angeles Civil case and we have a pre-trial conference in about a month and the trial is scheduled for 3 weeks after the pre-trial conference. The case centers around an accounting that was provided, but supposably not understood by the plaintiff. The are claiming
the defendant stole $80,000 though they don't understand the accounting. The defendant offered to go over the accounting if the plaintiff would highlight the areas they did not understand, but their lawyer indicated he would have to highlight the full report which I found to be disingeous.
Is this something that should be disclosed to the judge at the pretrial hearing? What will the judge's reaction be?
Could he throw the case out for bad faith on both sides? The plaintiff also decided not to schedule the mandatory non-binding
mediation.
I am not asking for legal advise. I am try just trying to understand how the system works and what reactions we migh encounter from the judges.
Thanks i advance. I like your hair. :)
😂😂😂 Nice wig👍
You mentioned that when it comes to a non-party in a case, that the court would have to allow the production of documents. What about federal court, how does the plaintiff seek to get a magistrate to allow a production of documents request to a non-party? One named defendant in my state case has removed the case to federal court, and though I have filed for remand, I know that one of the unnamed parties are a resident of Georgia, but I need discovery from one of the named defendants, to be certain that the unnamed party I have my eyes on is the correct party to be named in an amended complaint.
I dislike when they put videos and don't answer questions.🤔
Can anyone answer why during civil litigations, a opposing party may ask during the discovery questions/admissions like “If you have ever been convicted of a crime (other than a traffic violation), please provide the date of the conviction, the crime charged and the court where the conviction was entered. “ OR asking for the person to “identify all other lawsuits in which you are or were a party, including, but not limited to, civil, criminal, domestic and/or bankruptcy proceedings, and list for each suit the case number, the name of the court, the style of the case, the subject matter of the case, the amount in controversy, the court’s holding, and the amount of damages awarded, if any.”
Thanks For Your Help.. Question, When Does Act 2 Start? Haven't Even Been To My First Court Date On The Petition And Already Asking For These? Am I Missing Something Here?
Another Is That Attached To Said Act 2 Each One Has Its Defendant's Sworn Signature Request... Seems Odd...
Does Not One Swear An Oath In A Court House?
Okay, Did Some Reading... 45 Day's After Said Petition... My Bad👍
Does a request for production of documents have to be filed with the court, or can you send an email asking for those documents, or do you have to file something with the court and have it served to the party’s attorney?
It will often depend whether the case is in federal court or in State court and what the relevant rules of civil procedure are for that court. Generally speaking, though, discovery requests are exchanged between the parties; see, e.g.: en.wikipedia.org/wiki/Discovery_(law).
@@TigerLawProf thank you! I figured it out. I’ve found because it is District court, I would have to get permission to do discovery by filing for a lead to discovery. Then I would be able to proceed with the discovery process. However, I don’t even need to do discovery anymore, but now I know for future reference.
Just entering discovery as plaintiff. One thing am not clear on and that is subpoenas for 3rd party. Do these documents requested go to the court, or requestor? Also, can subpoena for documents be served USPS return receipt requested?
Great question! First off, you should always consult a lawyer who is licensed to practice in the jurisdiction in which the court is located and that has actual experience in these matters, but generally speaking, only a judge has the power of issuing a subpoena. Also, the procedural rules for requesting a judge to do this will vary depending on what court you are in.
Altogether on average how long does it take for a lawsuit to be drafted, filed, and served?
what if the defendant just says ' the texts arent there' because he deleted them so he can hide them ?
Once You File suit how long will it take for you to get to the deposition phase??
Generally speaking, discovery occurs after the pleadings stage, but there are many exceptions to this rule. The key is: one should always be represented by an attorney, who will be aware of the relevant exceptions in your home State.
Can a judge order a discovery of a ruling made in another country
Where's the trial
what if someone just deletes the emails.. lol
Thanks for the video. 👍🏻 But why the wig. That’s for the silly Brits and Canadians. 😉
True, but it was Halloween when I recorded that video, so it was either the wig or my batman mask!
Do a deposition mean u getting sued mine for order of protection
Sorry for the late reply as I have been travelling. Yes, generally speaking, a deposition means that a lawsuit has already been brought, but beware: some jurisdictions may allow a party to take a deposition before a lawsuit is brought if certain conditions are met, so you should always consult a lawyer who is licensed to practice in the jurisdiction in which the court is located and that has actual experience in these types of cases.