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II. Judicial Standards and Principles
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2.5 General Principles of Discovery and Investigation |
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Article
36-Depositions and discovery |
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| 36.1 |
Discovery |
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Discovery is the act or process of finding or learning something that was previously unknown, either through voluntary disclosure and/or compulsory disclosure. |
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Permitted methods of discovery by this code are interrogatories, depositions, requests for admissions, and requests for production |
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| 36.2 |
Depositions |
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A deposition is evidence given under oath and recorded for possible use in court at a later date. |
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The rules for taking a deposition are: |
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1. Presence of court official at time/location of deposition being taken; and |
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2. Presence of both parties at time/location of deposition being taken; and |
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3. Proper recording of testimony of deposition and safe keeping of recorded material; and |
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4. The right to follow up each prosecution/suitor question with a question by the respondent/lawful counsel. |
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