The “discovery” portion of a lawsuit is one of the most important parts of a lawsuit. During discovery, both sides collect and exchange information pertaining to the case in preparation for trial. Discovery can be extremely time-consuming and complicated. Discoverable items can range from anything a witness or party saw, heard, or did in connection to the lawsuit to any physical or electronic documents relating to the dispute.
Informal vs. Formal Discovery
What Does Informal Discovery Look Like?
- Gathering documents from public agencies, law enforcement, doctors, etc.;
- Gathering communications (letters, email threads, or text exchanges) related to the dispute
- Gathering photographs of the relevant property, injuries, or objects
- Gathering potential witnesses to the event(s) in question
What Does Formal Discovery Look Like?
There are several common discovery “tools” used within the legal process to gather evidence. During the formal discovery process, attorneys can object to any request. There are also rules regarding formal discovery depending on what state you reside and even what kind of case it is.
The most common discovery tools include:
- Interrogatories: Written questions directed to the other party that the other party must answer in writing and under oath.
- Oral Depositions: An in-person questioning of a potential witness or party to the lawsuit that is taken under oath with a court reporter obtaining a full written transcript of the deposition.
- Requests for Production of Documents: Either party may request for a particular document or group of documents to be produced given that they are relevant to the lawsuit.
- Requests for Admissions: Either party may ask the other side to admit whether a statement related to the facts of the case is true or false.
- Requests for Inspections: Either party may ask for permission to look and inspect a tangible object or a property in possession of the other party.
- Subpoenas: A written court order requiring the other side or third-party to testify or produce certain physical evidence.
