Is Discovery Necessary in a Partition Case?
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Discovery is common in all types of lawsuits to bring out the facts and documents that support the claims in the case. For example, in a case involving real property questions such as the time period of ownership or how ownership was acquired may be relevant. Questions may also be asked about any claims, such as liens, that mauy exist on the property. Deeds and related documents may be requested and a person may be called to a deposition to answer questions in person.
Typically, in a lawsuit, the discovery process is the procedure used to request information from the opposing party. Written questions may be asked through interrogatories or requests for admission. A copy is served on the opposing party after filing a copy with the court. If the party they are served on refuses to answer, typically, a motion for contempt and/or sanctions is filed with the court.
Discovery is a method of getting information when a defendant wants to ee the evidence which the prosecution has against you and which they plan to introduce at the time of trial. The request and that information is called discovery. If the case settles within parameters acceptable to the defendant, limited discovery is generally acceptable, e.g. a copy of the summons and the law enforcement officer's notes. If the case proceeds to trial, the standard discovery provided by prosecutors is insufficient to prepare for cross-examination.
In state court, a discovery motion may be filed under the state's Rules of Civil Procedure. Municipal courts have very different discovery rules In either court, prosecutors will resist discovery as it is time consuming and the charge is minor.
There are timelines for filing and responding to discovery requests. A request for production typically seeks documents to be provided. Written questions may be posed through interrogatories, requests for admission asks for answers which can only be admitted or denied, oral questions may be posed at depositions, and requests for inspection of property may be made regarding items that are impossible or impractical to move. A subpoena duces tecum is available in all courts. Depending upon the local court rules, which vary by court, court approval may be required. So long as requested items are relevant, the court will typically not deny the request. We suggest calling the clerk of courts for applicable discovery rules and timelines.
