What is Discovery?
The pre-trial phase in a lawsuit where each party can obtain evidence from the opposing party through various methods including interrogatories, depositions, and requests for documents.
Understanding Discovery
Discovery is designed to prevent "trial by ambush" by allowing both sides to know the evidence and arguments before trial. Common discovery tools include written interrogatories, requests for production of documents, requests for admissions, and depositions.
Examples
- 1Requesting medical records from the plaintiff
- 2Deposing witnesses and parties
- 3Sending interrogatories about the incident
Why This Matters in Legal Cases
Discovery is often the longest and most expensive phase of litigation, but it is where cases are won or lost. The evidence gathered during discovery shapes settlement negotiations and trial strategy. Strong discovery can uncover critical evidence—such as internal emails showing a company knew about a safety defect—that dramatically increases case value.
Explaining to Clients
Prepare clients for discovery by explaining that both sides get to ask questions and request documents. Reassure them that while the process can feel invasive, it is essential for building their case. Emphasize the importance of being truthful and thorough in their responses, as inconsistencies can be used against them at trial.
Frequently Asked Questions
How long does the discovery process take?
What happens if the other side refuses to turn over evidence?
Can discovery requests be objected to?
Related Terms
Deposition
Sworn, out-of-court testimony given by a witness or party that is recorded for later use in court proceedings. Depositions are a key part of the discovery process.
Interrogatories
Written questions sent to the opposing party that must be answered under oath as part of the discovery process.
Subpoena
A court order that compels a person to appear and give testimony at a deposition or trial, or to produce documents and other evidence.
Statute of Limitations
A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the claim is typically barred forever.
Settlement
An agreement between parties to resolve a legal dispute without going to trial. Settlements typically involve the defendant paying the plaintiff an agreed-upon sum in exchange for dropping the lawsuit.
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