What two things are generally protected from discovery?

What are the two key elements of discovery?

Can you refuse to testify as a witness?

If a victim or witness refuses to testify, the judge could hold them in contempt of court, as defined under Penal Code 166 PC. This misdemeanor carries fines and up to six months in jail in California, underscoring the gravity of their refusal. Also, the judge can decide to fine them or detain them until they comply.

What information is always protected from discovery?

Certain types of information are generally protected from discovery; these include information which is privileged and the work product of the opposing party.

What can be redacted in discovery?

Social Security Numbers, Taxpayer identification numbers, names of minors, dates of birth, financial account numbers, home addresses, passport numbers, and driver license numbers. Please refer to Federal Rule of Civil Procedure 5.2 and Local Rule 5.2-1.

What is a protective order for discovery?

In civil litigation, an order that prevents the disclosure of certain information. A party or person, such as a non-party recipient of a subpoena, may move for a protective order by showing good cause that the court should not permit the requested discovery because the discovery request is: Annoying. Embarrassing.

What are two disadvantages of discovery?

However, it also has disadvantages such as taking more time than direct teaching, requiring greater resources, and relying on students having sufficient prior skills and knowledge to learn effectively through discovery.

What is oppressive discovery?

A discovery request can be unduly burdensome or oppressive if complying with the request would require too much time, energy, and expense for the responding party. This objection is most often used with document requests but can apply to other areas of discovery.

What is rule 34 in discovery?

The rule provides that a request for inspection shall set forth the items to be inspected either by item or category, describing each with reasonable particularity, and shall specify a reasonable time, place, and manner of making the inspection.

What is confidential in discovery?

Any party or non-party may designate as “Confidential Information” (by stamping the relevant page or as otherwise set forth herein) any document or response to discovery which that party or non-party considers in good faith to contain information involving trade secrets, or confidential business or financial ...

How do most civil lawsuits end?

The overwhelming majority of civil cases are resolved prior to trial – either through judicial order (for example, when the judge grants a dispositive motion filed by one of the parties) or through a settlement between the parties.

Can evidence be submitted after discovery?

Under Rule 59 of the Federal Rules of Civil Procedure , after-discovered evidence may be used to challenge judgments in civil proceedings as well, such as foreclosure actions (see: Wall St. Mortgage Bankers, Ltd. v. Rodgers (2017) ).

What types of information might be discoverable but not admissible?

The Federal Rule of Evidence 801 does provide for several exclusions to the Hearsay rule. All content is discoverable if it potentially is relevant to the case and not deemed privileged, but discovered content may be ruled inadmissible if it is deemed privileged (doctor/patient communications), unreliable or hearsay.

What can you object to in discovery?

You may object if the request is asking for your analysis, strategy, or thinking about the case. A discovery request can ask what evidence the person knows, but cannot ask what a person thinks the evidence means. Sometimes called “attorney work product,” and this objection applies equally to self-represented litigants.

What is not redacted?

An un-redacted document is a paper that contains Confidential Personal Information (CPI) that is not supposed to be submitted to the court under Court Rule 22 NYCRR §202.5(e), like a social security number, bank account number or birth date.

What is an example of discovery abuse?

What is considered privileged in discovery?

As used in the rules governing discovery, “privileged” means the constitutional and statutory privileges (self-incrimination [California Evidence Code (“Evid C”), § 940], attorney-client [id., § 950 et seq.], spousal communication [id., § 980], doctor-patient [id., §§ 990 et seq., 1010 et seq.], clergyman-penitent (id. ...

What information is legally protected?

Social security or passport number, driver's license, or state ID. Financial account credentials. A consumer's precise geolocation. Racial or ethnic origin, citizen or immigration status, religious or philosophical beliefs, or union membership.

Can I plead the 5th when subpoenaed?

The Fifth Amendment can be invoked only in certain situations. An individual can only invoke the Fifth Amendment in response to a communication that is compelled, such as through a subpoena or other legal process. The communication must also be testimonial in nature.

What happens if a witness refuses to tell the truth?

So if they refuse to swear to tell the truth, they're not in compliance with the subpoena.” If you're not in compliance with the subpoena, you can be held in contempt of court or, in the case of the Jan. 6 hearings, of Congress. And if you are held in contempt, potential consequences include some jail time.

Can a case be dropped if the victim doesn't show?

As a general rule, courts will grant the prosecution at least one continuance if the complaining witness unexpectedly doesn't show up for court. The prosecution may be required to withdraw a case if there is no other way to prove that a crime occurred.