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What does "motion to dismiss stays discovery" mean?


I'm learning about the Private Securities Litigation Reform Act.

A motion to dismiss is a motion to end the trial and close the case, it trumps any motions made for discovery since discovery is just part of the trial.

Discovery is the stage of the trial prior to the trial (before jury selection) where the facts of the case and the evidence is gathered. Any facts gathered by one side have to be given to the other. One way to hide this is to dump a slew of paperwork on the other firm and hope they don鈥檛 have time to read it all. If the trial is dismissed then it is closed and discovery is no longer needed.

A stay is a stop or a cease order. If a trial is stayed then the trial is suspended until a legal issue can be worked out. In this case the discovery phase of the trial would be suspended while the motion to dismiss is considered. In reality the lawyers can continue to work on the case with intent to continue it.

Something interesting about Discovery, if an illegal act is discovered in discovery then a new charge or even a new trial can be based on that charge; in the case of the Polygamist compound that was raided by the state of Texas, the original phone call that prompted the investigation may have been a prank call made by a long time complainer about the ranch, not by an underaged girl. However, since the warrant to go onto the compound was obtained under the idea that a girl had called and was in trouble the search was ruled valid. Since the search found evidence that girls may have been forced into marriage the search is still considered a legal and proper one. The lawyers for the religious group tried to get the case dismissed because of the improper nature of the search, but things had gone too far for that to work. The police have uncovered enough evidence for them to suspect that the girls are being forced into marriage and so the case is continuing. In this case the motion to dismiss would have put a stay on the discovery phase except the judge dismissed it immediately. If the lawyers for the religious compound had been successful then everyone who have been returned to the religious compound and the state would not have been allowed to continue its case. The judge didn鈥檛 take long to make his decision, but if he did then he could have suspended the state鈥檚 investigation. This would have been a major accomplishment for the religious group鈥檚 lawyers, but it didn鈥檛 work and now the case will continue and go to trial.

motion to dismiss stays discovery

http://www.murrayfrank.com/CM/Articles/T...

Hope I helped. :)

Its a motion to dismiss becasue the discovery has not conformed to set requirements.... Very brief explaination of ....

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