What is a motion for discovery in civil law?
A motion for discovery in civil law is a request, made by a party in a civil case, to obtain information from the other party related to the case. This is the process by which parties in a civil case learn about each other’s evidence, research, and factual positions. In Minnesota, a motion for discovery can be filed in either the district court or the court of appeals. There are various types of discovery that can be requested in a motion. Depositions are one type of civil discovery. This is where a party will ask the opposing party or a witness to answer questions under oath, to better understand the facts of the case. Interrogatories, or written questions, are another type of discovery. Documents, such as emails, photos, and contracts can also be requested. Lastly, physical or mental examinations can be requested of parties or witnesses in cases involving personal injuries. In Minnesota, parties must disclose all information, documents, and evidence that are relevant to the case, and must comply with the requests made in a motion for discovery. If a party fails to comply with the requests, they can be held in contempt of court and be subject to a range of penalties. Overall, motions for discovery are an important part of civil law cases in Minnesota, and are an effective tool to ensure that parties are able to access all relevant information, documents, and evidence that will be useful during the trial.
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