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To: Non-Sequitur; drierice

Probably not, but prosecution has a little handy thing called access to a WARRANT, which is pretty much the same thing as DISCOVERY. Since a citizen plaintiff doesn’t have access to warrants, they have to use DISCOVERY.

Now how much of a case do you think ANY prosecutor would have if they did not have access to the court to search (or... DISCOVER?) for their evidence?


223 posted on 09/16/2009 5:39:11 PM PDT by autumnraine (You can't fix stupid, but you can vote it out!)
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To: autumnraine
Probably not, but prosecution has a little handy thing called access to a WARRANT, which is pretty much the same thing as DISCOVERY. Since a citizen plaintiff doesn’t have access to warrants, they have to use DISCOVERY.

The need to show legal standing to sue before they can have a trial, and need a trial before they can have discovery.

Now how much of a case do you think ANY prosecutor would have if they did not have access to the court to search (or... DISCOVER?) for their evidence?

In a civil suit, the plaintiff is in the same position a prosecutor is. They need to show evidence to begin with in order to have a trial, just as a prosecutor needs some evidence to begin with to get an indictment. Going to the judge and saying, "Your Honor, we have no evidence. But we're pretty sure we can come up with some during discovery. So can we indict him, please?" doesn't work. Nor should it.

225 posted on 09/16/2009 5:43:49 PM PDT by Non-Sequitur
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