After a lawsuit is initiated, the parties begin the process of discovery. Discovery is intended to uncover documents and information that are relevant to the litigation that may be unknown to one or both parties in the lawsuit. One important aspect of discovery is document production and inspection. The nature of the information that can be requested through discovery is generally broad, but there are limitations to the scope of discovery that are intended to prevent abuse. Often disputes arise about what constitutes a proper and necessary discover request, and the court must intervene to determine if the request is overly broad, inappropriate, irrelevant or in conflict with a certain right held by another party.
The basic purpose of discovery is to allow parties to obtain any and all information that even marginally pertains to the litigation. This general rule is subject to certain exceptions, such as privileged information, which is discussed below. In general, however, attorneys and parties can request documents or information relating to the details of the dispute, the background of the witnesses, the records of the parties, the operations of a business, the identity of parties who have knowledge of the dispute and any details about what the parties or witnesses did in connection with the matter.
While document production rules are intended to be broad, the courts have instituted restrictions in order to protect the rights of parties and witnesses in the lawsuit. As such, certain categories of information are not subject to discovery. Confidential or privileged information, which relates to information exchanged between individuals in special relationships, is afforded special legal protection based on the value in maintaining the honesty and openness inherent in these relationships. Thus, confidential information shared between lawyers and clients and doctors and patients is not subject to disclosure rules. Courts can also impose limitations on discovery to maintain the privacy of third parties who are not directly involved in the litigation. In addition, a court may issue an order to protect information that is applicable to one of the litigating parties if it deems such information highly private and discretionary.
Contact Shane Coons at 949-333-0900 or visit his website at www.ShaneCoonsLaw.com to find out more about his practice.