What does Discovery mean in divorce?

What does Discovery mean in divorce?

Discovery is a legal term referring to a fact-finding process that takes place after a divorce action has been filed and before the start of trial. Discovery requires the parties to disclose material facts and documents and allows the parties in the case to prepare for settlement or trial.

What comes after discovery in a divorce?

If the parties complete discovery and fail to reach a settlement, then the case will enter the trial phase, where the judge makes final decisions about issues like custody, support obligations, and property division. Even prior to the divorce being granted, the settlement is valid once is it signed.

What happens if you don’t comply with discovery?

To sanction a party failing to comply with discovery, the court can order attorney’s fees, or they can order the fact you are seeking to establish as having been “established” for purposes of your case, because the other side will not respond to the discovery on this issue.

What happens at a discovery hearing?

This is the formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial. Discovery enables the parties to know before the trial begins what evidence may be presented. Depositions enable a party to know in advance what a witness will say at the trial.

What kind of evidence tends to prove a defendant’s innocence?

Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. It is the opposite of inculpatory evidence, which tends to present guilt.

What happens if a prosecutor withholds evidence?

the judge dismisses the charge(s) against the accused, the judge admonishes the jury to disregard ceratin evidence or comments, or. the judge may grant the defendant a new trial.

What factors do prosecutors consider in making a charging decision?

The decision to prosecute is based on the following factors:

• The sufficiency of the evidence linking the suspect to the offense.
• The seriousness of the offense.
• The size of the court’s caseload.
• The need to conserve prosecutorial resources for more serious cases.
• The availability of alternatives to formal prosecution.

What factors do prosecutors consider in making a charging decision quizlet?

• Seriousness and nature of the offense.
• Offender culpability.
• Likelihood of a conviction.

How long does it take a prosecutor to make a decision?

The prosecutor does not have to make a decision immediately, and, as the previous responder said, if they have a high case load or they want to do additional investigation first, they may take considerably longer than a week and a half.

What happens if no charges are filed?

Simply put, if the charges are not filed within the time limit allowed by law, you cannot be prosecuted. Charges often filed after the Court date you were given when cited or arrested. Prosecutors like to review and file the cases by the Court date to avoid additional notification or arrest.