In a criminal case both the prosecution or defendant can subpoena LKs recordings but most often if the prosecution wants something they get a judge to sign a warrant to grab it quick.
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Laugh. Those that still exist.
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If itās a federal department or agency or federal government office a person can file a request for certain things by filing a FOIL request.
Freedom Of Information Act.
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Hire a private detective to gather evidence. Gather evidence yourself. Review documentation your client has and decide itās enough to bring a case.
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Yes, but like I was asking above, does this allow you to access things like videos or recordings that happened already.
My questions are not me doubting or questioning the filing by MBās lawyer here. I am truly just asking how all that works. How can someone be sure their ducks are in a row before filing. What does the court allow for evidence gathering that requires the person to get the evidence from someone else. Which from what the answer is here - unless it fits under the Freedom of Information Act there is no way to make someone hand someone over before filing a case.
In this particular situation, if the lawyers work together I would assume the criminal lawyer could subpoena stuff that could be used in the civil case. Does that happen?
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Not always. Sometimes you can if it is a government agency, through a freedom of information request. If itās a private company, itās up to the company to decide to tell/give you any information and help to resolve the issue before going to litigation. Often you have to file the petition because you canāt get anything by simply asking.
In this case, the plaintiff has a lot of exhibits from the police department (the reports) so they arenāt completely in the dark.
Caveat, I live in NM, so I have no knowledge of this case or the parties.
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Dear Lord, I am trying to get caught up but I laughed when I saw a question some pages back as to whether anyone would train with MB when and if he is released after serving his sentence (assuming he is found guilty and sentenced to somethingā¦).
My thoughts are that I would consider training or boarding with him.but no way in H*** would I stay one single day in a barn if LK was a fellow boarder. I would have my horse and belongings out of there in a nanosecond even if I had to move them across town.
And no, I am not a MB fangirl - never met the man.
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I donāt know how much criminal and civil lawyers work together, that could be case dependent. Any information submitted in a case is often public information, when it is attached to a pleading. Discovery is not usually filed, except when the other side doesnāt respond, you tell on them.
In discovery you do get to look at everything you ask for that the other side gives you. Sometimes what you ask for doesnāt exist or they wonāt give it to you. Then you go bicker in court about it.
Sometimes they give you huge mountains of crap you have to sift through to find stuff (Iām looking at you, Ford motor company!)
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You canāt always. Iāve reviewed a case where the plaintiff sued a doctor because after a routine arm surgery, the plaintiff suffered severe complications. In discovery it turned out the medical people had done nothing to cause the complications, it happened after the discharge from the actions by a separate person altogether.
But the plaintiff had no idea, and would not have found out but for the lawsuit.
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FOIA? Perhaps
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If a lawyer files a lawsuit in good faith and then gets info that shows that he was mistaken, wouldnāt he amend or withdraw the lawsuit?
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Omg.
I have a feeling that clip will pop into my head forevermore any time I see a similar online discussion.
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It always comes back to My Cousin Vinny.
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Certain things are public records and subject to open records requests that must be responded to within 30 days. Usually police reports are public records. So, some stuff can be obtained prior to filing lawsuits, and then by filing a lawsuit you can get more detailed things from discovery.
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In the MB vs Police, wouldnāt MB or his lawyer be able to see the police reports without going through the courts as MB was the original complaintent (sp?)? That would give them the times the reports were made and show how the police dealt with the calls.
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I doubt the police go handing them out unless you go ask for them.
And then there might be a fee associated with getting it.
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Common tactic. They also give the same documents in triplicate or moreā¦.
They hope the sheer mountain will make you miss the goldā¦.
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Discovery belongs to the people involved in the case and can be used in whatever lawsuits they have going unless there is an agreement limiting itās use. This was the argument used by SGF when trying to compel the prosecutionās fileā¦ā¦MB already had all the information availableā¦.they needed it as well to have a level playing field.
As far general truths of claims in the LK/MB/RC/SGF caseā¦.since it is related to a criminal matter, I assume the attorneys all took the time to verify who actually had criminal charges related to the case.
In the MB/Police lawsuitā¦again, they had a lot of stuff to work with before filing the claims since the discovery in the criminal case belongs to MB.
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Well the movie was seen by most folks, they remember it, itās correct so itās a useful example to use.
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Yes, it just makes me think it must be very rare for movies to be accurate on the subject if My Cousin Vinny seems to be the only one cited again and again.
Probably similar to horse movies.
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