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neverchanges8
Apr 15, 2008, 06:19 PM
What is the difference between Speedy trial and Discovery Motion? And which one is better to take and why?

Fr_Chuck
Apr 15, 2008, 06:39 PM
Speedy trial, it is a motion to go ahead with a trial, if the trial is taking too long. Each state has its rules for that, in some cases if the person is out on bail the motion may not be allowed ( but can be)

A discovery motion is to make the other side provide the evidence they have, in both criminal and civil trials.

It is not one better than the other, they each do different things, so it is better to use the one you need, since a discovery motion will not get you to trial faster, and a speedy trial motion will not get you any evidence

I made this very simple, both items can be done in a lot more detail

N0help4u
Apr 15, 2008, 06:40 PM
Discovery motion obtains information before trial through demands for production of documents, depositions of parties and potential witnesses, written interrogatories (questions and answers written under oath), written requests for admissions of fact, examination of the scene, and the petitions and motions employed to enforce discovery rights. The theory of broad rights of discovery is that all parties will go to trial with as much knowledge as possible and that neither party should be able to keep secrets from the other (except for constitutional protections).

If you want to plead guilty then speedy trial is better.
If you want proven innocent through evidence, witnesses and so forth then discovery is better.

excon
Apr 17, 2008, 04:36 AM
Hello never:

They aren't the same thing. Since you don't know what you're doing, I'd hire a lawyer who does.

excon