Discovery FAQ

What is Discovery?

Discovery is the process which allows each party in a lawsuit to try to get information from the other party, or from others who are not direct participants in the lawsuit, about the facts and circumstances relevant to the case to help them prepare for trial or to enable them to settle the case. The right of "Discovery" includes the right to obtain documents, written answers to written questions (Interrogatories) and the ability to inspect (persons, places and things). Sometimes discovery includes the right to seek a medical or mental evaluation of a party or others. There are many formalities involved, but generally, Discovery is a process to help parties and their lawyers learn what the facts are either from the other party or from third parties.

What is a Deposition?

A deposition is an opportunity to take the sworn testimony of a party or witness prior to trial. This may done to learn facts about the case or to secure evidence just in case the witness is not available at trial (then the sworn deposition testimony might be substituted for live testimony at trial). The testimony is taken by one party's attorney asking questions of the witness (or the other party) while a court reporter "takes down" the testimony for subsequent transcription. These days depositions are often videotaped.

Is there a time limit for how long a deposition may last?

Yes, the rules of each jurisdiction may be different, may change and have certain exceptions, but generally you may expect that there is a seven hour limit unless extended by agreement or by the court.

What are Interrogatories?

Interrogatories are written questions which require written responses that are sworn to by a party before a notary. They can be used to learn more about the other party's position or understanding of the facts of the case. In general, you have 30 days to respond to interrogatories. If interrogatories are received in your case from the other side, I will ordinarily assist you in preparing answers to the interrogatories but the answers must be entirely YOUR statement and must be accurate.

Is there a limit to how many Interrogatories can be asked?

Yes, the Rules of Civil Procedure in each jurisdiction generally place a limit on how many interrogatories a party is permitted to ask unless the court grants permission for more. You may ask me what the rules provide for the state in which your case is being handled or what the Federal rule is if your case is filed in federal court.

What if someone refuses to cooperate with discovery?

If someone refuses to cooperate by failing to produce requested documents, failing to answer Interrogatories, or failing to appear at a deposition, the Court may sanction that person in many different ways, including striking their pleadings and assessing litigation costs against them. In extreme cases, even the lawyers may be sanctioned.

May I object to Discovery?

Yes, but in order to do this, written objections must be prepared and ordinarily may have to be filed with the Court. The Court will then determine whether the discovery request should be complied with or not.