Do you have to be going to trial to get a motion of discovery?

Question

Do you have to be going to trial to get a motion of discovery?

Answer

No. If you are in a county that has an open file policy, many times discovery motions are not filed unless the case is headed toward trial. If you are in a county that does not have open files, then a discovery motion is necessary to gather information to make a decision on how to proceed on the case.