There are upwards of 350,000 civil filings filed in U.S. district courts every year. These include everything from contract disputes to family issues, unpaid loans, complaints against businesses or government entities, and personal injury claims.
One thing all these cases have in common is that there are certain procedures they follow. These include filings, pleadings, motions, and (in some cases) a trial. One of the most important steps is discovery.
This article explains the discovery process in civil litigation. Keep reading to find out what it involves and why it is important to the success of a civil lawsuit.
What Is Discovery?
Discovery is the part of civil litigation that comes after the complaint has been filed but before the trial. It is a time when both sides–the plaintiff and the defense–obtain information about the case.
Discover comprises a set of formal procedures. During which, each side shares with the opposing party evidence and witnesses that they plan to present during the trial.
The goal is to provide each side with the information they need to properly prepare for civil trial. This allows them to evaluate the strengths and weaknesses of their case before proceeding.
In some instances, these procedures prompt a settlement from one side or the other. If the case does go to trial, then discovery allows it to run more smoothly. That is because there are no “surprises,” only presentation of the already-discussed evidence and witness testimony.
Discovery Mechanisms for Obtaining Information
There are different ways that attorneys gain information during discovery. The main ones are interrogatories, depositions, requests for admission, and requests for the production of documents.
Interrogatories
Interrogatories are questions that one party sends to the other, usually in writing. The other party must respond to these questions, also in writing.
The answers are considered “under oath.” That means attorneys can later use them in court if they contradict some other aspect of evidence.
Much like evidence presented by witnesses during the trial, certain rules govern what types of questions can be asked. For instance, they cannot be considered too vague, ambiguous, argumentative, or unduly burdensome to the other side.
For instance, one could argue that asking a medical expert to list every surgical procedure they have ever performed is too burdensome. Another example might be asking if the defendant believes they caused the car crash or if they feel that it is in a child’s best interest to live with them.
If the other party believes the questions are outside of these rules, they can object. If the judge rules in their favor, they may not have to answer the question.
Depositions
A deposition is out-of-court testimony given by a witness, or “deponent.” It too is under oath, but is usually not supervised by a judge. In some cases, the testimony may be recorded by a stenographer (though electronic records are becoming the norm).
Sometimes depositions are written and submitted beforehand. The witness shows up and only answers those questions.
Most depositions are oral, where one party asks the witness questions. The opposing party is there for counsel and to ensure the questions are appropriate.
Depositions are generally considered “hearsay” and are not typically admissible in court. There are a few exceptions though.
A major one is if the witness’s testimony in trial contradicts what they said in the deposition. In these cases, the questioning attorney can bring the statements into evidence to show the information given before the trial.
Another example is if the witness is unavailable for trial. In these situations, the judge may allow the sworn statements in the deposition to be used in place of witness testimony.
Requests for Admission
Another discovery device is request for admission. This involves one party requesting that another party admit or deny the truth of a statement.
If the party makes an admission, then the truth of the statement holds for the duration of the trial. This also can be used to verify the authenticity of certain documents.
These differ from interrogatories, which the receiving party can elaborate upon. (In fact, it is often in their best interest to do so.) Requests for admission are generally straightforward questions, to which the responses can be “admit” or “deny.”
An example might be, in a car crash case, asking the defendant to admit that they were driving at an excessive speed or in the wrong lane. Another example is a defendant asking for an admission from the plaintiff that they contributed to the crash. For example, they might ask if they were driving under the influence or at high speeds.
Requests for admission usually happen towards the end of the discovery process. The idea is that they simplify otherwise contested matters, which can help the trial run more smoothly.
Request for the Production of Documents
A request for the production of documents is another discovery device. This is where one party seeks access to documents, electronic data, other types of data, or physical items held by the opposing party. The opposing party must respond or provide a written explanation as to why the documents or items cannot be delivered.
Common examples for not producing the evidence are if it was no longer in their possession or destroyed. Another example is if it involves spousal or doctor-patient privilege. If the documents would result in unwarranted annoyance or embarrassment to the opposing party, or if they required professional analysis, the opposing party may deny the request for production.
Find a Lawyer Specializing in Civil Litigation Near You
Now that you understand how discovery in civil litigation works, you can have a better idea of what to expect. An experienced attorney can further advise you on the timeline and processes involved in your particular court case.
At the Boyer Law Firm, our goal is not only to win cases but to achieve the best possible outcome for our clients. We leverage decades of legal experience and will work to get you the compensation you deserve. Reach out to us today for a free consultation to discuss your claim.