Question for those of you with law backgrounds - how does discovery differ between a criminal and civil trial? Does all the same information get “revealed” (not sure what to call it) in both cases or are there limits on the types and sources of information that can be requested? Is discovery information limited to content just from the parties named in the case or does it also cover parties that may have been involved but are not named?
“Rejoice always, pray without ceasing, give thanks in all circumstances, for this is the will of God in Christ Jesus for you.”
1 Thessalonians 5:16-18.
@Seeker1, while you are praying for this bunch, if you have time, throw in a few for me so I can try to remember the Greatest Commandment at all times. Matthew 22:36-40. “Master, what is the greatest commandment in the law?” Jesus said unto him, “Thou shalt love the Lord thy God with all thy heart, and with all thy soul, and with all thy mind. This is the first and great commandment. And the second is like unto it, Thou shalt love thy neighbor as thyself. On these two commandments hang all the law and all the prophets.”
Here is one I think @Seeker1 is trying to do.
Matthew 5:43-44
“Ye have heard that it hath been said, Thou shalt love thy neighbor, and hate thine enemy. But I say unto you, Love your enemies, bless them that hate you, and pray for them that despitefully use you, and persecute you;”
How on earth did you expect me to react to a PM after accusing me of a conspiracy to get posters banned. And that wasn’t in PM, that was on the open forum.
Good point with unlimited means she could go anywhere.
She refused to move while afraid of the 6’3" bully plotting her murder.
Then buys a house right near all the people she’s supposedly afraid of.
.
So, very briefly, and extremely generally, Discovery has to be connected to the matter asserted in some way. In a criminal trial, it’s primarily going to revolve around the crime, the defendant, and any exculpatory evidence, very generally. The defendant is entitled to anything that may aid in their defense.
In a civil trial, when you file a claim, you are asserting an injury or loss or breach. So, in discovery, you ask for anything that can bolster your claim. Likewise, the defendant gets to ask for anything that helps their defense, or mitigates their liability. So really, all bets are off, as long as the request can be tied to the specific claims/defenses. And, at any time, either side can ask the court to quash or compel. So, if you feel the other side is asking for something they aren’t entitled to, you can ask the court to prevent it.
I was going to ask to join the super secret PM club, but since I’m in my 50’s I’m probably going to kick the bucket any minute, so I decided against it.
I sent you a PM at a time when I considered you neutral. I would not have PM ed you if I had considered you a “hostile”.
Please feel free to post publicly my PM to you and your PM response. I think it was in January. I thought both sides of the exchange were respectful and I appreciated your response.
While I have no issue with the full exchange being posted, please do not take license to just characterize what I wrote. Exact words or nothing.
So in a civil trial, would requests for information from witnesses also be allowed? Such as text messages, social media records, financial records, etc? I recall hearing in the JD/AH trial that AH’s entire phone wasn’t handed over and only a certain % of the data was shared. Is this normal and is there an oversight committee, or something similar, that decides how much information to reveal or hold back? Or is it all down to the judge?
I’m not talking about whatever you posted in the thread. I’m talking about a PM conversation between you and me last January. Do I have your permission to post the exchange if you or someone else accuses me of conspiracy theories again?
If I’m accused of ……., I think I should be allowed to provide the record of what I actually said.