What is a motion for discovery in civil law?

A motion for discovery in civil law is a process to obtain information from another party in a civil lawsuit. In New Hampshire, a motion for discovery allows the parties in a lawsuit to obtain evidence which may be used in court proceedings. It also gives the parties a chance to find out what kind of evidence the other side may have. To initiate a motion for discovery, one party must file a Request for Production with the court, which outlines the types of evidence they are seeking from the other side. The court clerk will then enter the motion into the court docket and notify all parties in the case. The other party then must file an Answer to the motion that states either that the information is available, or that it is not available. If the requested information is available, the responding party must produce the documents or other evidence in their possession. If the responding party does not respond or states the information is not available, the requesting party can seek sanctions from the court. If either side is dissatisfied with the responses they receive, they can file a motion for a hearing with the court. During the hearing, the court can order a party to produce evidence or documents if it finds that the request was reasonable and necessary. The court can also order a party to pay the other party’s costs for filing the motion.

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