All Buffalo personal injury lawsuits must go through a formal discovery and disclosure process prior to being brought to trial. During this process, the parties request information and documentation from each other that may provide evidence necessary for trial. In most cases, the information sought is fairly routine and will be readily turned over by the other party. Occasionally, however, the defense may refuse to turn over a particular piece of evidence that the injured party would like to have access to.
When the parties cannot amicably work out whether a requested item must be turned over, judicial intervention may be required. When a party refuses to provide requested evidence, section 3124 of the Civil Practice Law and Rules of New York State authorizes the party seeking disclosure to make a motion to compel disclosure.
This motion is a formal request that the judge overseeing the personal injury lawsuit intervene and require the release of the evidence sought. Once this formal request is made, the parties usually will appear before the judge and present arguments about why the evidence should or should not be disclosed. The judge will then make a formal ruling either requiring disclosure or denying the motion.
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