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Discovery Response Program Overview

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California Deposition Reporters is generally used within two categories of cases. First, a party in a civil case will request discovery from a non-party without a lawyer. Second, the party or attorney in a criminal case will request discovery from a party or attorney. – PowerPoint PPT presentation

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Title: Discovery Response Program Overview


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Discovery Response Program Overview
  • California Deposit Reporters

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  • Discovery Response Program and Legal Hold are
    terms that are used in the legal field. These two
    terms are often confused with each other and when
    this happens, we get the wrong answers to our
    questions. Discovery is defined as the process
    where a party seeks the production of documents,
    data, information or oral evidence from another
    party. Discovery Response is the answer to any
    questions that the client may have about the case
    and the Discovery Response is what is used to get
    the documents and information that are needed. If
    you are a client of Discovery Response Service,
    you need to understand the differences between
    Discovery Response Program and Legal Hold.
  • Discovery Response is not an attorney client
    relationship. It is strictly an agreement between
    Discovery and the client. Discovery court
    reporting Service will ask the question that the
    client was willing to answer or they will make
    sure the client was willing to answer before
    allowing them to proceed with producing the
    documents. In many cases this is done without
    having an attorney present because it will show
    the client was cooperative and the Discovery
    Response is not an attempt for an attorney to win
    the case for them.

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  • Discovery is a Courtroom process designed to
    provide information to assist the attorneys in
    understanding the case, reviewing pleadings, and
    determining whether or not there is a case
    against a particular person, entity or even a
    pattern of behavior. Discovery is very important
    to a successful litigation case, because it
    provides the attorney with more information about
    the opposing parties and their defenses.
    Discovery is also an adversarial tool used in
    resolving cases. A party requesting discovery is
    always trying to discover any facts, information,
    documents, opinions, and oral or written
    statements by the opposing parties that will help
    them with their position. A client seeking
    discovery generally requests it of both parties.
  • Discovery is only relevant if both parties agree
    and there is a case against one party. Discovery
    is designed to produce documentation and
    information that are relevant to the case that
    the client is involved in. It is intended to
    enhance the case by providing additional
    information that can be used at trial or to make
    evidentiary support to a jury's decision.
    Discovery is not to be used as a summary of the
    case, and any witness must be allowed to testify
    and to provide testimony about the matter they
    are called to testify about.

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  • California Deposition Reporters is generally used
    within two categories of cases. First, a party in
    a civil case will request discovery from a
    non-party without a lawyer. Second, the party or
    attorney in a criminal case will request
    discovery from a party or attorney. A request for
    discovery is made by filing a "Discovery Request"
    with the court's clerk. There is a time period
    for receiving discovery from either party,
    including a deadline for discovery services,
    unless the court rules otherwise.
  • Discovery is not limited to before trial a party
    may use discovery at any time before the case is
    tried. If a lawyer is retained to handle a case,
    then the Discovery Response Program can be used
    to submit interrogatories, answer
    interrogatories, etc. In addition, discovery can
    be used to obtain financial records, appraisals,
    depositions, etc. In essence, discovery is
    designed to assist the client in pre-trial
    research and review of the subject matter, but
    discovery does not have an effect on the lawyer's
    liability or client-lawyer relationship. However,
    a lawyer may limit discovery so as not to
    disclose more information than is necessary to
    assist their client in preparing their defense.

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  • The discovery response program can also include
    the production of additional reports and
    examiners' opinions. These reports may be used by
    the defense and the prosecution. Examples of
    possible reports include FBI forensic
    examinations, tests, photographs, autopsies, etc.
    Generally speaking, an attorney handling a
    client's discovery response program will work in
    conjunction with his or her legal office, in an
    effort to craft the appropriate discovery
    response. It should be noted that discovery
    responses do not need to be comprehensive any
    and all documents and information concerning the
    client's case and the underlying controversy will
    qualify.
  • Discovery is most often limited to medical expert
    witnesses, such as radiologists or physicians.
    Examples of possible discovery are doctor's
    observations, medical records, prescription
    records, etc. However, discovery can also cover
    all information and records (from depositions,
    etc.), electronic or physical copies of records,
    and written works (copies of legal documents and
    letters). Additionally, a lawyer may request a
    privilege to preserve any tangible item produced
    in discovery so long as it is not used in the
    course of the case.

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