Sample Essay on:
Legal Disclosure and the Exclusionary Rule

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Essay / Research Paper Abstract

This 5 page paper explains the rules of disclosure and discusses the exclusionary rule. Bibliography lists 4 sources.

Page Count:

5 pages (~225 words per page)

File: D0_HVdiscls.rtf

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Unformatted sample text from the term paper:

is that most legal proceedings are conducted at the local level, and laws and procedures vary from jurisdiction to jurisdiction. The student will therefore need to take this discussion only as a general guideline and find out specific rules and procedures for the city or county in which theyre practicing. That said, well move to the process of disclosure, which is also known as discovery. According to Rule 26 of the Federal Rules of Civil Procedure, there are certain things that must be disclosed, even before a discovery request is made; these things include the name, address and phone (if known) of "each individual likely to have discoverable information" (Rule 26: Duty to disclose; general provisions governing discovery-hereafter "Rule 26"). Its also necessary for the disclosing party to provide the "subjects of that information" if they intend to use that material for defense, unless the use "would be solely for impeachment" (Rule 26). Other material that must be disclosed without order include a "copy - or a description by category and location" of basically everything the disclosing party has that it intends to use in conducting its defense (Rule 26). They must also disclose a "computation of each category of damages claimed" as well as the material on which these computations are based, unless the material is "privileged or protected from disclosure" (Rule 26). They also need to make insurance agreements available if they are pertinent to the satisfaction of a judgment (Rule 26). There are also a number of proceedings that do not have to be disclosed initially, including, for example a petition "for habeas corpus or any other proceeding to challenge a criminal conviction or sentence" (Rule 26). There are too many to put down without turning this into a laundry list. The reason for disclosure ...

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