Is a motion to compel discovery subject to review for abuse of discretion?
California, United States of America
The following excerpt is from People v. Lee, G044235, Super. Ct. No. 09HF0320 (Cal. App. 2012):
"A ruling on a motion to compel discoverylike that hereis subject to review for abuse of discretion. [Citations.]" (People v. Ashmus (1991) 54 Cal.3d 932, 979, overruled on other grounds in People v. Yeoman (2003) 31 Cal.4th 93, 117.) In order to determine whether the trial court has abused its discretion, the appellate court must independently review the records in question. (See People v. Avila (2006) 38 Cal.4th 491, 606-607.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the trial court abuse its discretion in ruling upon discovery motions and denying the motion to dismiss? (California, United States of America)
What is the test for abuse of abuse of power in the context of a motion to overturn a finding that the trial court abused power on the Pitchess motion? (California, United States of America)
What is the test for abuse of discretion in the context of a motion to review the decision of a trial court denying a defendant's motion to exclude victim impact evidence and uncharged misconduct in the case of Romero? (California, United States of America)
Is a court's ruling on a motion for access to law enforcement personnel records subject to review for abuse of discretion? (California, United States of America)
Is a motion to compel discovery to be heard before the Superior Court subject to review? (California, United States of America)
How does the court review a denial of a motion for a new trial for abuse of abuse of review? (California, United States of America)
Is a motion for continuance subject to review under the abuse of the discretion standard? (California, United States of America)
When reviewing a motion for a new trial, does the appellate court apply the standard of "abuse of discretion" in denying the motion? (California, United States of America)
Is a motion concerning the admissibility of evidence subject to review for abuse of discretion? (California, United States of America)
Is a court's ruling on a motion for access to police personnel records subject to review for abuse of discretion? (California, United States of America)
