this is the formal process of exchanging information between the parties about the witnesses and evidence they ll present at trial. discovery enables the parties to know before the trial begins what evidence may be presented. one of the most common methods of discovery is to take depositions. it may be in the form of a written transcript, a videotape, or both.
in most states, either of the parties may take the deposition of the other party, or of any other witness. depositions enable a party to know in advance what a witness will say at the trial. often a witness’s deposition will be taken by the opposing side and used to discredit the witness’s testimony at trial if the trial testimony varies from the testimony taken during the deposition. usually depositions consist of an oral examination, followed by cross-examination by the opposing side. in addition to taking depositions, either party may submit written questions, called interrogatories , to the other party and require that they be answered in writing under oath.
during the pretrial stage of a court case there is an important step called “discovery.” during discovery, both sides collect and exchange information about the case and prepare for trial. it takes a lot of time for lawyers and their staffs to write up questions, review the responses, and argue in court about whether the other side did not respond to everything they should have. and it takes a lot of time to ask for, collect, and review the sometimes thousands of documents that may be involved in a case. it is just shared with the other side in the lawsuit. it is often necessary to have a lawyer help you with discovery. if you are representing yourself in your case, discovery may be a good part of your case to let a limited-scope lawyer handle on your behalf.
you can do a lot of this informal investigation before the case even starts, and it can help you decide if you should even file a case. you may not be able to use everything you find out during this investigative process in court, but it can help you prepare your case. during the discovery process, lawyers can object to questions, requests for admissions, interrogatories, and other requests. if the other side does not agree with the objections and insists on getting the requested information, he or she can file motions in court to ask a judge to decide the discovery issues. depending on the type of case it is, there may be limits on the number of questions that each side can ask, for example, and how long the discovery stage of the case may continue. talk to a lawyer for help understanding these rules.
discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by one of the most common methods of discovery is to take depositions. a deposition is an out-of-court statement given under oath by any person once a lawsuit gets underway, parties to the lawsuit or their lawyers start gathering information related to the lawsuit. this investigative process is informal discovery/investigation conducting interviews with witnesses; gathering documents from public agencies, police officers, doctors, etc.; taking, how do i get a copy of my discovery online, motion for discovery, motion for discovery, types of legal discovery, methods of discovery in civil cases.
discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in for production of documents, requests for admissions and depositions. any and all non-privileged statements, correspondence, or other documents, you contend were sent to the defendant by the plaintiff or plaintiff’s assignor(s) the federal rules of civil procedure have very liberal discovery provisions. a party may also compel other parties to give them access to documents,, how do i get my discovery from court, motion for discovery example, what is discovery, steps in discovery process.
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