i am in the middle of a civil case and filed a motion for discovery to see what evidence theplantiff was going to present against me, and the judge denied it. Is that legal?
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motion for discovery
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10-31-2008, 08:00 PM #1Registered User
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motion for discovery
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11-01-2008, 12:15 AM #2Moderator Scholar
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Without knowing your state, the details of what you asked for and what reasons the judge gave, it's impossible to say. Your motion may have been unreasonable, or out of time, or... I'm curious that you have to bring a motion for discovery, though. In many places discovery is available as of right without leave of the court. You just have to ask the other side.
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11-01-2008, 01:08 AM #3Moderator Learned Member
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What state are you in? In California you can send out discovery to another party 10 days after they have been served with the lawsuit. Discovery does not normally need to be filed with the court. Only pleadings need to be filed with the court. Unless you are filing a motion to compel discovery responses, but it sounds like you are just starting the process.
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