Angel Who Cares
If you seek an angel with an open heart, you shall
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Fifth I hope it is ok to post this as I as well as many have PM'd me asking what the latest motion in the criminal case meant! This is to help all of us understand what the motion means! Thanks! :blowkiss:
*Note: New Docket Motion in the criminal case against Casey added to the Orange Co. Clerk Records!
2/11/2009 A NOTICE OF PROVISION OF SUPPLEMENTAL DISCOVERY
What is a notice of provision of supplemental discovery?
Discovery, in this sense, is the process of getting statements or documents from the other party before going to court. Supplemental discovery is a follow-up to get more of the same, based on what showed up since then.
The notice is a letter requiring that a party provide more, or perhaps stating that a party has provided more. There may be a deadline assigned by the court.
What does this mean?
NOTICE OF PROVISION OF SUPPLEMENTAL DISCOVERY
Here is the legal info through which you may figure out your answer...
Rule 26(e) imposes a continuing duty to discovery responses. The rule does not impose a general duty to supplement all discovery responses in all circumstances but does require disclosure of additional information in response to previous discovery requests seeking such information. The duties to supplement extend to all forms of discovery requests including interrogatories, depositions, requests for production, and requests for admissions.
Rule 26(e)(1) provides a duty to supplement disclosures. Subdivision (e)(2) requires a party to supplement disclosure and discovery responses that are "incomplete or incorrect" in "some material respect," unless the additional corrective information has already been made known to the other parties during the discovery process or in writing. There is no obligation to provide complete or correct information if the other parties in writing or during the discovery process learn about the supplemental information.
Rule 26(e) imposes a duty to supplement all disclosures "in appropriate intervals." The Advisory Committee Notes state that supplementations "need not be made as each new item of information is learned but should be made at appropriate intervals during the discovery period, and with special promptness as a trial date approaches." It may be useful for scheduling order to specify the time or times when supplementations should be made. The rule also explicitly extends the duty to supplement disclosures to expert information contained in a report or through a deposition. It requires that these additions or changes be made by the time the party's disclosures under Rule 26(a)(3) are due.
Subdivision (e)(2) establishes a "duty seasonably to amend a prior response to an interrogatory, request for production, or requests for admission." This duty does not extend to deposition testimony, with the exception of deposition testimony by experts pursuant to Rule 26(a)(2)(B). Changes in deposition testimony may be made by correcting a deposition transcript. A witness who testifies differently at trial from a deposition transcript may be impeached.
The courts within their sound discretion will interpret Rule 26(e) and apply the disclosure duty to appropriate situations. Prior to the adoption of specific provisions, there was no uniformity among courts in determining whether a continuing duty to supplement existed. n1 Some courts viewed a continuing duty to disclose applicable to most cases. n2 Other courts allowed the parties themselves to designate which discovery requests would be deemed continuing. n3 Other courts limited the continuing duty to supplement to interrogatories that, by their very nature, required continuing or updated answers to prevent the opposition from being surprised and prejudiced in preparing the case. n4 Other courts held that interrogatories seeking supplemental information should be submitted by a party rather than imposing any continuing obligation by court rule. n5 Still other courts employed local rules to define the duty to supplement discovery responses. n6 These cases and rules shaped the scope and applicability of the current Rule 26(e).
Thanks!
:angel:
O/T FYI: Everytime in the past if I have had an apt. or something that takes me away from my PC....important info comes out, a hearing is going on, or a doc dump! I have an apt. today late afternoon, so maybe today they'll be released!! :crazy:
Edit: I forgot it's President's Day so I highly doubt there will be any docs released today!
*Note: New Docket Motion in the criminal case against Casey added to the Orange Co. Clerk Records!
2/11/2009 A NOTICE OF PROVISION OF SUPPLEMENTAL DISCOVERY
What is a notice of provision of supplemental discovery?
Discovery, in this sense, is the process of getting statements or documents from the other party before going to court. Supplemental discovery is a follow-up to get more of the same, based on what showed up since then.
The notice is a letter requiring that a party provide more, or perhaps stating that a party has provided more. There may be a deadline assigned by the court.
What does this mean?
NOTICE OF PROVISION OF SUPPLEMENTAL DISCOVERY
Here is the legal info through which you may figure out your answer...
Rule 26(e) imposes a continuing duty to discovery responses. The rule does not impose a general duty to supplement all discovery responses in all circumstances but does require disclosure of additional information in response to previous discovery requests seeking such information. The duties to supplement extend to all forms of discovery requests including interrogatories, depositions, requests for production, and requests for admissions.
Rule 26(e)(1) provides a duty to supplement disclosures. Subdivision (e)(2) requires a party to supplement disclosure and discovery responses that are "incomplete or incorrect" in "some material respect," unless the additional corrective information has already been made known to the other parties during the discovery process or in writing. There is no obligation to provide complete or correct information if the other parties in writing or during the discovery process learn about the supplemental information.
Rule 26(e) imposes a duty to supplement all disclosures "in appropriate intervals." The Advisory Committee Notes state that supplementations "need not be made as each new item of information is learned but should be made at appropriate intervals during the discovery period, and with special promptness as a trial date approaches." It may be useful for scheduling order to specify the time or times when supplementations should be made. The rule also explicitly extends the duty to supplement disclosures to expert information contained in a report or through a deposition. It requires that these additions or changes be made by the time the party's disclosures under Rule 26(a)(3) are due.
Subdivision (e)(2) establishes a "duty seasonably to amend a prior response to an interrogatory, request for production, or requests for admission." This duty does not extend to deposition testimony, with the exception of deposition testimony by experts pursuant to Rule 26(a)(2)(B). Changes in deposition testimony may be made by correcting a deposition transcript. A witness who testifies differently at trial from a deposition transcript may be impeached.
The courts within their sound discretion will interpret Rule 26(e) and apply the disclosure duty to appropriate situations. Prior to the adoption of specific provisions, there was no uniformity among courts in determining whether a continuing duty to supplement existed. n1 Some courts viewed a continuing duty to disclose applicable to most cases. n2 Other courts allowed the parties themselves to designate which discovery requests would be deemed continuing. n3 Other courts limited the continuing duty to supplement to interrogatories that, by their very nature, required continuing or updated answers to prevent the opposition from being surprised and prejudiced in preparing the case. n4 Other courts held that interrogatories seeking supplemental information should be submitted by a party rather than imposing any continuing obligation by court rule. n5 Still other courts employed local rules to define the duty to supplement discovery responses. n6 These cases and rules shaped the scope and applicability of the current Rule 26(e).
Thanks!
:angel:
O/T FYI: Everytime in the past if I have had an apt. or something that takes me away from my PC....important info comes out, a hearing is going on, or a doc dump! I have an apt. today late afternoon, so maybe today they'll be released!! :crazy:
Edit: I forgot it's President's Day so I highly doubt there will be any docs released today!
