[BuckeyeTexan]

Discovery is not voluntary. It's a requirement under the Federal Rules of Civil Procedure. It's a bit more complicated than the description you offered.

[EDINVA]

Where I am lost here is: when and where did the judge order discovery, expedited or not?

Last week, 9/8, in the California case (Keyes, et al), the judge set a hearing in October on the defendants’(Obama et al) dismissal motion. He indicated the defendants would have to meet a high bar to have their motion to dismiss granted.

Assuming the dismissal motion is not granted he would then order discovery according to the FRCP, and he has ‘penciled in’ a pre-trial and trial date. If the case IS dismissed on motion, there is no discovery

There was to be, I understood, a hearing today in Georgia about the flight surgeon who was ordered to Afghanistan.

Is the Order that is the topic of this thread regarding discovery from the court in Georgia or California?

[politicalmerc]

Well I was making the description to non-lawyers. By voluntary I mean that no Order has to be obtained. You are correct it is not voluntary but it is an Open Order governed by statute.