What is Discovery, Generally?
Discovery is the formal process of exchanging information between the parties about the witnesses and evidence they ll present at trial. It tends to be the most involved and most litigated aspect of any lawsuit.
What Are Some Issues with Discovery?
Discovery can be an issue that delays a case for months if not years sometimes because of non-compliant opposing parties and witnesses, or because of the complexity and extent of documents and witnesses in a lawsuit.
What Rights Does One Have in Discovery?
Discovery rights are very broad. The basic rule of discovery is that a party may obtain any information that pertains — even slightly — to any issue in the lawsuit, as long as the information is not “privileged” or otherwise legally protected.
What Are Some Common Discovery Demands?
Here are the four types of most common discovery demands you would see in a lawsuit:
Demand for Documents: Also commonly known as a notice for discovery and inspection, is a demand for specific documents that the demanding party believes are relevant to the lawsuit. You cannot simply ask for “all documents” that are relevant to a lawsuit, even though there is a duty to disclose. You have to be specific about the documents you are seeking as it pertains to your claims or the claims of the opposing party.
Interrogatories: Interrogatories are essentially a list of questions that you ask the responding party to answer under oath. Responses are written and the witness answering the questions signs a verification under the penalty of perjury.
Deposition: A deposition is essentially an interrogation where the attorney questions a witness, under oath, before a court reporter. It’s an opportunity to question the witness in a live setting regarding any issue that is relevant to the lawsuit.
Subpoena: A subpoena is a demand made to a non-party to a lawsuit. You can issue a subpoena for documents or a subpoena for testimony (a deposition).
