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https://fightcopyrighttrolls.files.wordpress.com/2013/01/guava-motion-for-pcd-8ib_2qhe.pdf
Plaintiff’s Motion for Leave to Take Pre-Complaint Discovery Under Pa. R. Civ. P. 4003.8 Plaintiff Guava, LLC, through its undersigned attorney, moves this honorable Court to grant its Motion for Leave to Take Pre-Complaint Discovery under Pa. R. Civ. P. 4008.3. Plaintiff states the following in support of its motion: 1. Plaintiff is a ...
https://www.cozen.com/admin/files/publications/quay1307510.PDF
Pre-complaint discovery for the purpose of perpetuation of testimony is generally permitted in both state and federal court. Pre-complaint discovery, however, may also be a tool for fleshing out facts and witnesses prior to filing a formal complaint. In Pennsylvania, the Rules
https://www.blankrome.com/publications/pre-complaint-discovery-underutilized-underrated-and-unknown-tool
Jun 05, 2017 · Pre-Complaint Discovery: An Underutilized, Underrated and Unknown Tool ... Were a party to issue a subpoena to obtain non-party discovery, however, she may face a motion for protective order, the resolution of which will require a full round of motions practice.
http://codes.ohio.gov/orc/2317.48v1
2317.48 Action for discovery. When a person claiming to have a cause of action or a defense to an action commenced against him, without the discovery of a fact from the adverse party, is unable to file his complaint or answer, he may bring an action for discovery, setting forth in his complaint in the action for discovery the necessity and the grounds for the action, with any interrogatories ...
https://www.jdsupra.com/legalnews/finding-the-facts-before-the-lawsuit-beg-02058/
Aug 05, 2013 · Upon the proper filing of a writ of summons, Pennsylvania Rule of Civil Procedure No. 4003.8 permits a plaintiff to serve discovery before filing a complaint; much like pre-complaint …
https://fightcopyrighttrolls.files.wordpress.com/2013/01/memo-rushie.pdf
Plaintiff’s Memorandum of Law Supporting its Motion for Leave to Take Pre-Complaint Discovery Under Pa.R.Civ.P. 4003.8 Summary of the Argument: A plaintiff may obtain pre-complaint discovery where the information it seeks is material and necessary to file its complaint, and the discovery will
https://www.tncourts.gov/rules/rules-civil-procedure/3701
Rule 37.01: Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1) APPROPRIATE COURT. An application for an order to a party or to a deponent who is not a party, may be made to the court in which the action is pending.
https://cases.justia.com/pennsylvania/commonwealth-court/2015-239-c-d-2015.pdf?ts=1449850651
(b) Upon a motion for protective order or other objection to a plaintiff’s pre-complaint discovery, the court may require the plaintiff to state with particularity how the discovery will materially advance the preparation of the complaint. In deciding the motion or other objection, the
http://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter4000/s4003.8..html
Rule 4003.8. Pre-Complaint Discovery. (a) A plaintiff may obtain pre-complaint discovery where the information sought is material and necessary to the filing of the complaint and the discovery will not cause unreasonable annoyance, embarrassment, oppression, burden or expense to any person or party.
http://www.frenchcasey.com/blog/cplr-3102-c-a-brief-overview/
On the other hand, a prospective plaintiff is not entitled to pre-litigation discovery if he or she already possesses sufficient information to bring a complaint. See Matter of Zeigler v. City of New York , 65 A.D.3d 1159 (2d Dep’t 2009)(reversing order granting pre-action disclosure pursuant to CPLR § 3102(c), because “petitioner had ...
https://evidence.uslegal.com/discovery/delaware-discovery-law/
Compel Discovery. A party, upon reasonable notice to the other parties may apply for an order compelling discovery. If a party refuses to allow inspection or fails to answer a question propounded or submitted under Rule 30 or 31, the discovering party may move for an order compelling an answer. Rule 37. Domestic Actions Discovery Notes
https://www.law.com/newyorklawjournal/2018/04/02/pre-action-discovery-the-underutilized-legal-remedy/
Analysis Pre-Action Discovery: The Underutilized Legal Remedy Potential plaintiffs, armed only with a set of facts that evidence wrongdoing and damages, can petition under CPLR 3102(c) for ...
http://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol37/37-40/1831.html
Oct 06, 2007 · Rule 4003.8. Pre-Complaint Discovery. (a) A plaintiff may obtain pre-complaint discovery where the information sought is material and necessary to the filing of the complaint and the discovery will not cause unreasonable annoyance, embarrassment, …
https://www.floridacivpro.com/rules-1-010-to-1-250/1-280-general-provisions-governing-discovery/
On motion to compel discovery or for a protective order, the person from whom discovery is sought must show that the information sought or the format requested is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order the discovery from such sources or in such formats if the ...
http://www.courtswv.gov/legal-community/court-rules/civil-procedure/V.html
Rules 26-37 of the Rules of Civil Procedure. Stipulations regarding discovery procedure. Deposition procedure. — Unless the court orders otherwise, the parties may agree that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions.
https://www.gregoryforman.com/blog/2014/03/the-two-types-of-motions-to-compel-discovery/
When deciding a motion to compel discovery because there has not been any response the hearing judge has some easy questions to decide to resolve the motion: was a timely response to the discovery requests made and; was there some good reason a timely response could not be made. Such motions can typically be resolved in 15 minutes.
https://www.eeoc.gov/federal/directives/md-110_chapter_7.cfm
Chapter 7 HEARINGS I. INTRODUCTION. ... Where the Administrative Judge finds that the request for discovery that is the subject of the motion to compel is irrelevant, overburdening, repetitious, or privileged, the Administrative Judge will deny the motion to compel and may, upon the request of the party opposing the motion to compel, or upon ...
https://evidence.uslegal.com/discovery/west-virginia-discovery-law/
Discovery Conference: At any time after commencement of an action the court may direct the attorneys for the parties to appear before it personally or by telephone for a conference on the subject of discovery. The court shall do so upon motion by the attorney for. any party if the motion includes: (1) A statement of the issues as they then appear;
https://www.paed.uscourts.gov/documents/opinions/08D0852P.pdf
Obviously, the availability of pre-complaint discovery could have a significant impact on “what the suit is about.” The decision concerning whether to grant Plaintiff relief under Rule 237.3 or Rule 3051, or not at all, would hardly be considered pro forma . For the foregoing reasons, Plaintiffs motion …
https://civilprocedure.uslegal.com/discovery/federal-rules-of-civil-porcedure-regarding-discovery/
The party can file a motion seeking protective order, and the court if convinced will pass an order for good cause to protect the party or parties from full or partial discovery. Rule 26(d): Provides the timing and sequence of discovery. Generally, parties are not allowed to …
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