What is Discovery in a Lawsuit? [Full Walkthrough]
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- Опубліковано 7 сер 2024
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Unless you are an attorney, the process of "discovery" is probably foreign to you. But don't fret! In this video, attorney Mark Lyda explains what discovery is, how it works, and what can happen if you don't cooperate.
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All videos are for educational and entertainment purposes only. This is not legal advice and should not be relied on as such. Every case is different. Consult a licensed professional in your state. Mark Lyda is a Colorado-licensed attorney. Viewing this channel or its content does not create an attorney-client relationship with Lyda Law Firm or any of its lawyers.
#lawsuit
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Very precise, educational , explanatory and useful in general; and for me as a self-help plaintiff is very helpful systematically. Thanks
Glad it was helpful!
very concise sir. How do subpoenas work when there is Mandatory mediation , do the subpoenas go thru the mediator's office or still filed with the clerk of the court?
Thank you for clarifying things for me :)
My pleasure!
Thanks Lyda for the useful information
Thanks, glad it helped!
Great video.
Thank you. I'm in the state of Idaho and my business partner locked me out and started another company. He took over $200,000.00 in PO's for my machine shop. He is trying to claim we where insolvent and it was up for grabs. I'm claiming commingling and embezzelment. He used an app called bill pay to pay bills for another one of his companies and also did not pay me for $150,000.00 in work I did for him. As he took me to zero financies I'm trying to file a complaint on my own. Thank you for sharing your knowledge.
Well said, thank you
Thank you!
Wow. Thanks for helping me with my law exam finals…
Good luck!
Thank you! The Detective from San Francisco police department who handled my case told me the medical forensic kit was being tested during the 4-month investigation. I was the victim of. I found out years later he withheld the evidence from the case file, so he submitted an incomplete case file to the district attorney for review. I need help.
That sounds terrible - please consult a lawyer in California about your specific situation.
I understand what you mean! My case is still under investigations. Dishonest police report caused me lots of harms and anxieties and it seems the detective even didn’t read the report. I insisted and didn’t give up so that as they said my case reopened again.
Thank you
Very helpful, thanks. What if I or some employee mistakenly deletes the email evidence ?
Depends on the circumstances, but one possible consequence is an adverse inference. That's a type of order where a judge basically says, "I'm just going to assume that whatever was deleted would hurt your case."
"Dismiss the case" ----in favor of the plaintiff would be a default judgement? I have a defendant stonewalling all discovery requests. A motion to compel was filed and they're still ducking all requests. Enough already. I guess an adverse inference, then a motion for default judgement? They're buried if they disclose receipts, texts, admissions etc. Very concise video btw thx.
I can't give advice in the comments, but it sounds like you know what you're doing. Thank you for watching! Feel free to check out our paid course if you want to take a deeper dive. Good luck!
Very helpful video
Thank you!
do I have to contact the other party's legal team and just ask for documents once i'm in the discovery phase?
There are specific procedures for doing so, depending on the jurisdiction, but yes that is the idea.
2 questions:
You mentioned deadlines in Colorado. Are all the definitions, explanations in this video applicable in Texas?
Are the deadlines and limits to requests outlined in the discovery plan, i.e. 190.2, 190.3 and so on. Is there a limit on the number of requests? Will that information be in the discovery plan? Are rules of discovery in civil suits uniform across all civil suits, divorce, suing a business, etc.
Thank you. Is it obvious I've been forced into having do this myself?? :-) At least for now. Hopefully the judge will grant my request for the other guy to pay for me to also have an attorney! Yes, it's my husband. He literally took EVERYTHING!
I just found out in another video that you are not in Texas. I watched this video on the firms website after a web search for explanations of Texas discovery. If you can in any way answer my question that would be great. If not, I understand.
Sorry just saw this. I can't answer the question for Texas, but discovery limits and deadlines can vary not only state to state, but also judge to judge and case to case. So you have to figure out the local rules and the court orders for your case. If you're still dealing with this yourself, please feel free to check out my course on self-representation at lydagroup.com/courses. Costs less than an hour of attorney time, plus 50% off pre-order.
❤thanks mark
You’re welcome!
Is there a time frame in which you can make discovery request before the discovery deadline?
Yes, but it is different in every case. 🤷♂️
Not on the weekend.
My lawyer hasn’t got my discovery I keep asking him to get it and keep saying I have everything I need is that normal?
It really depends on the specifics of your case, but you can always seek a second opinion from a lawyer in your state.
Do you typically see more settlement offers post discovery?
Good question! It really depends on the case.
Hello, Mr. Lyda. The police/ prosecutor withheld my discover ( 8 months ) I'm not compelled to go on trial defenseless without evidence, right ? Thank you.
I’m not sure about the specifics of the situation, and I wish the best of luck in mounting the defense to which you are entitled, but this video is geared more toward civil discovery rather than criminal.
Can I record a federal employee (va) in my own home, and is it admissible in civil court.
You'll have to consult a professional in your state for that one.
How long does it takes for you to get to the deposition stage ?
Unfortunately, that really depends on the specific situation.
Question
Court ordered eviction and constable is scheduled but on the scheduled day the constable received a call from landlord stating not to come tenant moved out voluntarily and landlord destroys tenants personal belongs should I can I sue the landlord
Talk to a lawyer in your state on that one, sorry to hear it.
Is oral discovery is mandatory? It is expensive. Can I bring all the witnesses during bench trial instead of oral testimony?
Typically you don't have to conduct oral discovery, but the other side still can, so you might have to be deposed.
Should there be strict rules on discovery?
That is a good question. I generally believe that limited discovery is better for keeping law suit costs down.
How long do the discovery last?
Unfortunately, it's different in every case.
Can discovery be submitted through email
The specific rules depend on the jurisdiction and the judge's orders.
What if the questions are Admit that you had an account with xyz card, admit that you agree to pay them, admit that abc debt buyer owns your account, admit that you now owe abc debt buyer. etc etc, cant I respond with No I won't admit that, or just NO. They also asked to prove you don't owe abc debt buyer. Aren't they the ones that are supposed to prove I owe them?
Litigants can reply "deny" to requests for admission.
Every situation is different, consult an attorney in your jurisdiction. Thanks for watching.
Can healthy people sue people with bad spines or mental disabilities? I am considered permanently disabled.
("sorry my attorney search is on a telepathic level still")