What Is Discovery?

Once a lawsuit has begun, both sides enter the discovery phase. Discovery is the process by which parties exchange information relevant to the case. It ensures that both sides have access to the facts and can prepare for trial effectively.

The Purpose of Discovery

Discovery is meant to eliminate surprises, promote settlement, and allow each party to evaluate the strengths and weaknesses of the other side’s case. It’s governed by rules that vary by jurisdiction but generally follow similar principles.

Types of Discovery

Interrogatories

These are written questions sent from one party to another. They must be answered in writing and under oath. Interrogatories often ask for basic facts, identification of witnesses, or clarifications about the opposing party’s claims.

Requests for Production

A party can request documents, emails, contracts, photos, or any other material relevant to the case. These requests can be extensive and may require businesses to comb through archives and digital platforms.

Depositions

Depositions involve live questioning of witnesses under oath. A court reporter records the session, and the testimony can be used later in court. Depositions allow attorneys to test witness credibility and gather detailed information.

Requests for Admission

These are statements a party is asked to admit or deny. If admitted, the statements are treated as fact in the litigation, saving time and narrowing the issues in dispute.

Challenges and Strategy

Discovery can be time-consuming and expensive. It requires legal teams to be organized, strategic, and thorough. Failing to comply with discovery obligations can result in sanctions, and missing key information can weaken a case. Therefore, it is important that you and your lawyer have a strong strategy and maintain frequent communication during this phase of litigation.