What is Discovery? Discovery is the process by which the plaintiff and defendant share pertinent information relevant to the case. It is the exchange of evidence and information that both parties are entitled to under the Federal Rules of Civil Procedure. Discovery is usually the longest part of the litigation process, but not always. With the advent of electronic data and information, some parties utilize e-discovery to glean relevant information and determine if the case has sustained merit. Some law firms also contract out discovery to electronic discovery firms who can synthesize large chunks of data efficiently. Still, some documents only exist in hard copy. If you are thinking of filing a suit due to another person’s negligence, our attorneys at Rocky Mountain Personal Injury Center would be happy to explain the litigation process to you.
Types of Discovery
Discovery includes requests for documents, requests for admission, interrogatories, depositions and other mechanisms. At a minimum, if your case is not settled prior to filing a complaint, a scheduling order is issued by the presiding judge. The scheduling order provides detailed guidelines about discovery deadlines for both parties. Usually at least a request for production of documents and interrogatories, as well as an answer to interrogatories and response to the defendant’s request for production will be prepared for your case.
Interrogatories are tailored questions the plaintiff asks of the defendant and vice-versa. The defendant is required to provide an answer, and if they cite specific evidence in their answer that was not already requested by the plaintiff, the defendant must produce that evidence. The defendant must respond, but both the plaintiff and defendant can claim some exemptions or objections to providing a substantive answer if they cite the law or rule that allows them to deny answering the question. These rules originate from the Federal Rules of Evidence and Federal Rules of Civil Procedure.
Requests for Production and Admission
Similarly, the defendant or plaintiff can deny a request for production if producing the document is impossible, the document requested is irrelevant, or producing the document in question would be unduly burdensome. For example, if the defendant asked the plaintiff to produce a document from more than four decades ago, for which there exists only one hard copy that the plaintiff is not in custody of, the plaintiff could state that retrieving the document would be unduly burdensome.
Requests for admission ask the plaintiff or defendant to admit or deny yes or no questions. Admission requests are usually utilized if not enough information was gleaned from interrogatories or if the other party was too vague or obtuse in their answer to interrogatories. Depositions are recorded and transcribed hearings under oath whereby the defendant or plaintiff questions the other party. The party is subpoenaed to attend and must provide a truthful answer to questions asked. The deposed party’s attorney may be present and can raise objections for relevance, scope and prejudice. Discovery tools are all used for the common goal of identifying relevant evidence and bolstering one’s case.
Schedule a Consultation Today
Our lawyers at Rocky Mountain Personal Injury Center are experienced litigators. We work exclusively with plaintiffs on personal injury claims and understand how critical it is for you to succeed with your claim. While litigation can be complicated and lengthy, we work tirelessly for our clients to secure positive case results. If you have a question about discovery, filing, or any other part of the litigation process, or you have specific questions regarding the facts of your case, please contact us today. We are conveniently located in Logan, Utah and are also licensed in Wyoming and Idaho.
