A Bill to Define Discovery
PREAMBLE: In order to prevent an “ambush” in procedures as well as keeping trials fair, a new legislation shall be made to establish guidelines preventing parties from adding new evidence without giving the other party time to prepare a defense.
SECTION 1: A Bill to Define Discovery shall be established.
SECTION 2: Discovery in the court of law shall be defined as; the exchanging of information between parties in the court of law about the physical evidence they will present at a trial.
SECTION 3A: The Discovery Period shall be defined as; the time period in which the parties engage in discovery.
SECTION 3B: The Discovery Period in the state of Firestone shall begin when the case is submitted and end when the trial in question is called into session.
SECTION 3C: A party in the court of law may submit physical evidence following the ending of the discovery period by motioning to submit evidence after discovery and the motion being granted by the presiding officer of the trial. If the motion is granted by the Presiding officer, the presiding officer must allow no less than one hour and no more than 2 days (48 hours) for the other party to prepare a defense.
SECTION 3D: If a party submits physical evidence after the Discovery Period has ended, and the Presiding officer allows it after an objection from the other party, the case shall be considered a mistrial.
SECTION 3E: Physical evidence shall be defined as; pictures, videos, screenshots and witnesses that play some role in the matter that gave rise to the litigation.
SECTION 4: The Supreme and district courts shall be responsible for enforcing this legislation.
SECTION 5: Upon passage from both chambers of congress, this legislation shall go into effect immediately.
Respectfully submitted to the Congress of the State of Firestone,
Chief Sponsor(s):
Senator 851raymond
Bar Certified Attorney MarshallJAddison