Discovery, also referred to as interrogatories, is one of the most important parts of civil litigation. Discovery is one of the four main types of evidence that a court uses at trial. It is the process by which a party learns about the origin of an action, and what it claims to be, or that it possesses. Discovery is a legal term that means, “a series of conversations or other exchanges leading to discovery.”
Discovery is often used in civil litigation cases involving a claim for injury, a right of privacy, a property interest, or an activity related to some tangible object. In these cases, a party may be required to obtain discovery to establish the existence and extent of the claim or the relevance of the document to establish its truthfulness. Discovery also tends to provide a party with the opportunity to review any potentially useful information and to make changes based on new information. At trial, discovery is often used to determine whether there is admissible evidence, and to determine if the defendant has waived his right to defense evidence.
Discovery is one of the most difficult areas of litigation for attorneys to understand. In short, the discovery is simply a series of depositions, where a party requests access to written or electronic records that identify the subject of the inquiry. When these documents are produced, a litigation team will review them to determine if they should admit them into the case, and if so, how they should be used. If the records do not support the claims raised in a complaint, they may be excluded from trial, and the plaintiff and/or defendant will bear the expense of discovery.
During discovery, a party can either admit the documents or withhold admission. In the case of depositions, a party can admit to all statements, or withhold making certain statements necessary to prove the relevance of the documents to their claims. This can result in a lot of litigation as opposing parties try to use the depositions to draw out important discussions or arguments. Both parties may also face litigation over what is produced during a deposition.
Discovery is a very vital part of any legal case. It enables one party to depose every individual who may have knowledge relevant to their claim. Discovery often occurs prior to a trial, before trial, or after a trial, but it can occur anytime. Discovery can occur in court, through depositions, or by taking written documents under oath. In every state, discovery is used to obtain and evaluate damaging information about the opposing party, and to discover any potential witness to be helpful to the plaintiff or defendant.
Most parties to seek the assistance of an attorney to deal with discovery. Attorneys are skilled in handling depositions, preparing discovery reports, and advising their clients concerning depositions. Some attorneys even handle all aspects of discovery. This means that if a party wants to avoid trial, a deposition is often the only way that the party can avoid testifying at trial. An attorney will ensure that the client obtains the best possible legal representation and that the client gets the discovery they need before trial.
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