The Discovery Process in a Civil Lawsuit
Discovery is the process in a lawsuit where parties exchange information, documents, and evidence. The objective is to prevent surprises at trial, allowing both sides to fully understand the facts and build their arguments. But it can also be a useful tool in focusing the breadth of the suit, and in convincing the opponent of the strength of your case, or the relative weakness of theirs.
Discovery encompasses several methods, each serving a unique purpose in gathering information:
Interrogatories: These are written questions one party sends to the other. Interrogatories must be answered under oath and can be used to cast a wide net in search of relevant information. Among other things, interrogatories can ask for descriptions of events, the names of witnesses, and details about the parties involved before and after the events occurred.
Requests for Production of Documents: Alongside interrogatories, litigants often send requests for production to their opponent. These requests require documents, electronic records, or other tangible evidence relevant to the case to be provided to the requesting party. Documents can include things such as emails, contracts, medical records, and financial statements. Additionally, these requests can also include providing access to physical evidence.
Physical and Mental Examinations: In cases where a party’s physical or mental condition is in question, a court may order examinations by qualified medical professionals. These results may then be compared with any records of examinations or treatment from the party’s own medical providers.
Depositions: Depositions are, in a basic sense, interviews. The most common type of deposition is an oral interview of a party or witness under oath. Attorneys from both sides are present, and the testimony is recorded for later use in the case. A less common process is a deposition upon written questions where the parties trade direct questions, cross questions, re-direct questions, and re-cross questions. Whether upon oral examination or by written questions, depositions are valuable for assessing the strength of witnesses and preserving their testimony.
Requests for Admissions: Requests for Admission are a particularly useful tool in streamlining cases. When a party sends requests for admission to an opponent, the other party must admit or deny specific statements of fact or the application of law to fact. Admissions are conclusively established and reduce the need for further evidence or argument on those points.
Discovery ensures that all relevant evidence is brought to light, reducing the chances of surprise evidence at trial. This transparency fosters fair trials based on the merits of the case rather than ambush tactics. It also brings into light the strengths and weaknesses of the parties’ cases. By revealing the strengths and weaknesses of each side’s case, discovery often encourages settlement before trial. Parties are more likely to negotiate when they have a clear understanding of the evidence.
Effective discovery requires careful planning and strategic thinking. Timing is crucial in discovery. Starting early can give an advantage, and timing requests too late might result in rushed, incomplete responses. Understanding procedural deadlines and planning accordingly is essential. In some cases, parties may seek protective orders to limit the scope of discovery or to keep certain information confidential. Balancing the need for information with privacy concerns is a common challenge.
Discovery is the backbone of civil litigation, providing the foundation for fair and informed trials. Its methods—interrogatories, depositions, document requests, admissions, and examinations—are designed to uncover the truth, facilitate settlements, and streamline the trial process. By understanding and effectively navigating discovery, attorneys can build stronger cases and advocate more effectively for their clients.