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Discovery is the legal process where both parties in a case investigate facts and share supporting material. It varies between legal systems and countries. Lawyers gather information to influence the structure of the case and support their arguments. Forensic discovery includes gathering documents, witness statements, and physical evidence. Requests can include interviews, affirmations, and examining evidence. People must comply with legal discovery requests unless the information is protected. In criminal proceedings, both the prosecution and defense must turn over certain types of information.
Discovery, sometimes known as disclosure, is a process in legal procedure in which both parties involved in a case investigate the facts of the matter to gather supporting material that can be used in court, and are obligated to share the material with the opposing attorney. The idea behind legal discovery is that a case will be presented more fairly if both sides have all the facts, and knowing what materials the opposing side intends to use can allow a legal team to prepare so they are not caught out. back in court. Guidelines for this process vary between legal systems and countries.
Once a formal lawsuit, civil or criminal, begins, the legal discovery begins. Lawyers want to gather as much information about the case as possible so they can use it in court. This information will influence the structure of the case, help a lawyer decide how to argue, and will be used to support or undermine various theories and suggestions that will come up in the courtroom. For example, if someone is accused of killing someone with an ax that requires the use of two hands and the defendant has nerve damage in one hand, this fact could be used to suggest that the defendant is unlikely to defendant committed the crime.
Forensic discovery includes the gathering of documents, witness statements, and physical evidence. People can travel to locations where events relevant to the case have occurred to document them, they can hire private investigators to gather information, and they can consult expert witnesses for their opinions on case materials. Attorneys may also file discovery requests with opposing counsel.
A request may include an oral or written interview, a request to affirm or deny the facts, a request to examine evidence relevant to the case, and an opportunity to see which witnesses opposing counsel intends to call. People must comply with legal discovery requests unless they can demonstrate that a request is for information that is protected in some way. There are certain types of information that people are not obligated to provide when discovering.
In criminal proceedings, the prosecution is required to turn over any material it finds that could exonerate the defendant, whether or not this information has been used in court by the prosecution. For example, if investigators find security tape showing someone was in a location other than the crime scene during the time period the crime was committed, it must be presented to the defense. Likewise, the defense is obligated to turn over certain types of information to the prosecution during legal discovery.
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