Discovery is the pre-trial stage of a lawsuit during which parties uncover information and documents pertaining to the litigation. There are various procedures during discovery that may differ depending on the court in which the parties are litigating. For the most part, the “formal” discovery process consists of the stages described below.
Depositions. A deposition involves direct questioning of the counterparty or the witnesses in a dispute. Both parties may be present during the deposition. Depositions prepare the parties for the witness’s testimony at trial. The procedure largely mirrors what occurs in a courtroom proceeding; the deponent must answer under oath and the answers are recorded. These responses may later be used at trial either to provide testimony if the deponent is not available to appear at trial, or to demonstrate that the witness is not credible if the testimony differs from the information provided at the deposition.
Document production. Discovery involves requests for evidence by both parties in the dispute. Discovery requests are typically broad and comprehensive in nature, and can generally relate to nearly every aspect of the litigation. Various documents, such as contracts and records, and any statements or information related to the litigants or witnesses may be requested. Parties can also request the production of physical evidence if relevant to the dispute.
Request for admission. Certain information may be requested to limit the issues to be litigated and established at trial. Therefore, an attorney or party can request that the other party attest to the truthfulness of certain facts, statements or documents during discovery.
Interrogatories. Interrogatories consist of written questions that are given to the opposing party to be answered in written form under oath. Interrogatories can be used in addition to depositions during the discovery phase. The responses are used at trial as evidence in the same manner that depositions can be used. There are usually standard interrogatories, which identify witnesses (both lay and expert) and summarize their anticipated testimony at trial. Supplemental interrogatories, which are tailored to the particular issues in the litigation, can be used as well.
Contact Shane Coons at 949-333-0900 or visit his website at www.ShaneCoonsLaw.com to find out more about his practice.