What is a motion for discovery in civil law?
A motion for discovery in civil law is a request for information or evidence made to the opposing party in a civil lawsuit. Generally, the motion is made by one party to another to allow for further investigation into the facts of the case. The motion can be made both before the trial and during the trial itself. In Kansas, a motion for discovery may be made under the rules set out in the Kansas Rules of Civil Procedure. Those rules allow for the parties to the lawsuit to exchange written requests for information, as well as requests for physical evidence that may be pertinent to the dispute. The court may also order the parties to appear for depositions, where questions can be asked about the case. The motion for discovery serves to make sure that both parties in the case have all of the relevant information needed to make a reasonable argument or position in the case. With all of the facts in hand, both parties are better prepared to go to trial. Those who believe that they are not properly equipped to answer all of the questions posed in discovery may need to consult with an attorney to ensure that they are properly prepared.
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