You must give the other side a written list with the name and address of any person (including any expert witnesses) that has knowledge about any of the allegations or denials in the complaint or answer or any rebuttal or impeachment evidence. This includes any document you might use to rebut the other side’s allegations or denials or to impeach a witness at trial. You must give the other side copies of all documents that are reasonably available that you think you might use to support your allegations or denials in the complaint or answer. Within thirty days after the defendant files his answer, the plaintiff and defendant must exchange:ĭocuments. Step 1: Prepare and exchange your initial disclosures.That means the party who failed to disclose the document or witness may not be able to use them as evidence or rely on them at trial.įollow these steps to begin discovery in justice court: If either party fails to tell the other side about new documents or witnesses during the case, the judge can “exclude” those documents or witnesses. ![]() (JCRCP 16.1(c).) That means you always must give any new information that becomes available to the other side. (JCRCP 16.1(a).)Īfter this first disclosure of documents and information, both sides have an ongoing obligation to supplement their initial disclosures as the case moves forward. If your case is in the justice court, you must disclose certain documents and information to the other side at the very start of the case. If you have received discovery requests from the other side and need to prepare a response, click to visit Responding to the Other Side’s Requests for Information. If the parties are having a dispute, either party can file a motion with the court asking the judge to order the other side to respond to discovery requests or punish the other side for failing to respond to discovery requests or for making unreasonable discovery requests. The parties usually do not need to go to court during the discovery stage unless there is a problem. During discovery, the parties can get the documentation and information they need to file motions and possibly end the case or at least reduce its scope. ![]() Motions can narrow the issues for trial or even resolve the case completely before trial. “Motions” are written submissions to the court that ask the judge to rule on some (or all) issues in the case.
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