How do you make sure you don’t get blindsided by hidden facts at trial? You conduct good discovery to prepare your case! In all civil cases, we have several ways to get information from others called “discovery.” Common types can include written questions, document requests, and formal depositions. Nearly all contested cases involve some form of this process. By ensuring that parties can get accurate information from their opponent, discovery levels the playing field for all parties.
How does Rhodes Law use discovery?
We use discovery for many reasons:
- Obtain information that only your opponent has access to
- Get documents we believe will help your case
- Learn an opponent’s position about issues in the case
- Find out what witnesses an opposing party may know about
- Uncover evidence the other side may try to use at any hearing or trial
We make sure your case is prepared for a fair resolution that meets your goals for the case.
What are the basic types of discovery?
Interrogatories: Interrogatories are written questions. The party responding to an interrogatory must answer under oath. You are not allowed to lie or hide information in answering interrogatories. The respondent must prepare written answers to each question or make a valid legal objection.
Requests for Production of Documents (often RPDs): An RPD is a list of documents the requesting party wants to get from the responding party. The responding party then produces those requested documents. RPDs can also be sent to “non-parties,” including banks, corporations, credit card companies, doctors, hospitals, and individuals that are not parties in the case.
Deposition: A deposition is a question and answer session in front of a court reporter. In a deposition, the lawyer for one party asks questions, and the witness, also called the deponent, has to answer those questions truthfully. A deposition is often used to commit a witness to certain facts prior to trial. Depositions help prevent a witness from “changing his story” to help one side win unfairly.
While the discovery procedures outlined above are the most common procedures used, there are several additional discovery methods. These can include Requests for Admissions, Requests for Inspection (of property or other items), Requests for Physical or Mental Evaluation, and Written Deposition Questions.
Avoiding Invasive or Abusive discovery?
Sometimes lawyers make inappropriate or abusive requests. They may pry too much into a person’s privacy or require too much effort to answer. But, if this happens, parties, through their lawyers can object. To do this, a lawyer files a written objection with the court. Then, the court evaluates the request and the objection and makes a ruling. Objections must have a legal basis. If a party unreasonably refuses to answer a discovery request, the court may award attorney’s fees or hold them in contempt of court.
This is only a cursory overview of civil discovery. Please reach out at any time if you have questions or want to talk further about this aspect of litigation.