Discovery in litigation is the phase of the case where the two sides (referred to as the "parties") exchange information. It is a building block for the parties to put together their case for trial. The parties in Discovery are entitled to find out background information to help identify the claims each side will make in Court. So, Discovery is done before a trial occurs, to prevent unfair surprises. Discovery is typically done through written requests. A Request for the Production of Documents is a written list of the types of documents one side requests from the other. Under the Rules of Civil Procedure in Federal Court and in most State Courts, the parties are required to produce the records requested that are "discoverable". This means, any documents, photos, electronic data, which are relevant and not protected by some type of privilege. In Federal Court, in Discovery, the parties are required to provide a list of documents that they possess which are discoverable.
Discovery also includes in both Federal Court and most State Courts, a set of written questions called "Interrogatories". The other party is required to send written answers to the Interrogatory questions within a certain time period, usually 30 days. If not answered in time, the requesting party can request an Order from the Court requiring the other side to answer.
Discovery also includes in Federal and most State Courts "Requests for Admissions". This is discovery that allows a party to send a list of questions which the other side must admit or deny within 30 days. They are useful discovery tools in that the admissions or denials are binding on the other side and can be read in open Court during a trial.
Discovery Depositions are question and answer sessions done with a stenographer transcribing what is said. These are permitted to allow the parties to find out what witnesses know and what they would say during a trial. Depositions can be taken of the actual parties to the suit as well as other witnesses who may have information about facts that are relevant to the case.
Discovery is a phase of litigation in which the parties interact directly with each other, with less involvement by the Judge or Court. However, if there is a disagreement about what records are discoverable or a party is not answering discovery, a Motion can be filed with the Court asking for the Judge to intervene and make a ruling.
David Schreiber, Esq.
Of Counsel
Law Offices of Thomas Wolpert, PC
Of Counsel
Law Offices of Thomas Wolpert, PC
610-792-3304
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