Discovery

This week we discussed what can occur during the pleadings stage of a lawsuit, such as filing an "answer" or "motion to dismiss" a complaint. Today, we're discussing the next step of the litigation process: discovery.

Discovery is a process where both parties exchange information about the evidence and witnesses each side will present at trial.

Depending on the situation, the discovery process is typically governed by state or federal procedural rules and certain deadlines that must be met.

Depositions

Taking depositions (i.e., out-of-court statements provided under oath by the parties and witnesses involved in the lawsuit) is a common way of conducting discovery. Depositions can be used in preparation for trial or at trial via video or written transcript.

Witness depositions are an important tool during a lawsuit because they can be taken and used by the opposing side to undermine the witness's testimony at trial if such testimony differs from testimony taken at trial.

Interrogatories

Parties to the lawsuit may also provide interrogatories (i.e., written questions) to the other party and ask for written answers under oath in return.

Other Discovery Methods

Other discovery methods include subpoenaing, via written order, the other side to give documents or records or to compel an individual(s) to testify; asking the other side to undergo and provide a physical exam; or asking the other side to provide documents for examination.

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In sum, each party engages in the discovery process to receive information from each other, such as providing documents, answering written questions under oath, or admitting or denying statements of fact. In addition, witnesses may be asked to answer questions under oath or produce documents.

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*This blog post should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only.