What is Discovery?
Discovery is the term for certain court rules about the exchange of information between parties to a case.
There are 5 discovery methods:
- Requests for the production of documents,
- Requests for admissions,
- Interrogatories,
- Depositions,
- Subpoenas duces tecum.
The first three items are strictly between the parties to the case. The last two can apply to other parties and item 5 only applies to people and legal entities that are not parties to the case.
Production of Documents in the Discovery Process
Requests for the production of documents are a request that the other party hand over documents. The documents must be relevant. Requests can sometimes be time-consuming to respond to. But for the most part, they must be followed. Account statements are the most frequently requested documents. They are essential for dividing retirement accounts and debt.
Interrogatories
Interrogatories are written questions that must be answered in writing and under oath.
Many people, including many lawyers, think of interrogatories and requests for the production of documents as a nuisance and try to expend as little effort on them as possible. This is a mistake. Discovery is an opportunity to prepare your case for trial.
