Understanding the Discovery Process in Lawsuits

Posted in Lawsuit on November 21, 2017

Prior to a trial, both parties examine the case’s details according to civil procedures by acquiring evidence from the other party and anyone else who might have details about the case. They do this using a variety of discovery devices, like interrogative inquiries, provision of documents pertinent to the case, and deposition of witnesses. Attorneys call this process discovery. Discovery can take many months, even years, and take on multiple forms in the course of a lawsuit.

Limitations on Discovery

This process allows the parties to bring in any evidence they believe will help their case, even if only tangentially. Some information, however, remains protected, like attorney-client talks, spousal discussions, doctor-patient conversations, and more. The courts cannot call into evidence discussions by the opposing party in the civil process, for example. Courts can declare other information protected in specific case types or owing to the special status of one party member. This could include the unsealing of juvenile records or specific medical or mental health records. There are also motions in limine which can exclude certain pieces of evidence from trial.

Methods of Discovery

The discovery process can take multiple forms, including requests for admissions, interrogatories, requests for documents, and depositions. Here is a breakdown of each:

• Admissions. In this step, one party requests the other party to allow or block specific carefully-designed questions. This could include certain details the court has established as facts – like who was driving a car involved in an accident. Pleadings include most of these allegations or admissions of fact. When attorneys bring these questions into the discovery process, it gives the opposing party the opportunity to dig deeper into specific aspects of the case, which may not be in the original party’s best interest.
• Interrogatories. This step involves open-ended questions. As an example, the defense could request that the state specify evidence on which it intends to build their case. Owing to the potential for this step to continue endlessly, with parties further complicating the steps by asking multiple questions with sub-sections to each question, the courts place limits on the number of interrogative requests each party can make.
• Documents. This step allows one party to request that the other party provide all pertinent documentation or evidence, including digital data. All physical evidence a party wishes to use in a case is subject to this request. Attorneys may use this on parties other than the opposition, as in the case of a subpoena to a third party. In bigger cases, this could involve such a high level of evidence that it becomes quite expensive and is often the most expensive part of the case.
• Deposition. This step involves recording testimony directly from witnesses or other parties prior to the trial starting. Said witness or party must attend and testify under oath in the presence of a court reporter. Most of these depositions happen in a lawyer’s office, with representatives from both parties attending. The normal rules for testimony and the process of questioning remain in effect, but the lack of a judge means no party can object to specific questions or testimony.

Discovery can often be the most important part of a case. If you are involved in a lawsuit or have a question about the discovery process, contact us today.