Discovery is the process of obtaining information from the opposing party before a trial. Rules of civil procedure control this process, which allows parties to obtain evidence and information. Failure to comply can result in penalties such as fines or forfeiture of rights. Methods include depositions and interrogations, but abuse can result in punishment.
Discovery is a process of obtaining information from the opposing party to a lawsuit before a case goes to trial. Each jurisdiction generally follows rules of civil procedure, or equivalent, which control this process. The rules allow each party to a case to use various methods such as depositions or interrogations to coerce a witness or opposing party into providing pertinent information. It is crucial to understand the rules to avoid fines or other procedural problems. Courts can impose penalties for misusing discovery methods or for refusing to provide information.
The purpose of discovery is to learn what information and evidence the opposing party has regarding a lawsuit. This allows a party to prepare for a trial and avoid surprises in court. One party to a lawsuit, i.e. the plaintiff or the defendant, does more than just obtain evidence that another party will use in court. Instead, the rules allow one party to obtain information that can lead to evidence. This information may include documents, physical objects, expert opinions, or information inside a person’s mind such as the observations of a witness.
The rules of civil procedure or similar rules in a particular jurisdiction control how a case flows through the justice system. Such rules also control the discovery process such as timing, methods, restrictions, and penalties for discovery abuse or failure to comply. Not knowing the rules can lead to serious legal consequences. For example, a party may not object to certain requests for information within a certain period; such objections may allow the party to avoid disclosure. Failure to object within the prescribed period may result in the party’s forfeiture of the right to object to the production of such evidence later in the trial.
There are various methods of discovery such as depositions or interrogations. A deposition is a process that allows one party to question another party, a witness, or an expert under oath about a case outside of court. An attorney usually conducts the deposition for the client, and the person answering the questions must answer truthfully. Interrogations are a series of written questions concerning the case that a party, witness, or expert must answer truthfully. Both methods can be effective. Depositions, however, are more expensive due to the attorney’s time to prepare and conduct the trial.
Attorneys may use some or all of the available tracking methods as appropriate. The court can punish a lawyer or a party for abusing the process. For example, a lawyer cannot use discovery to harass another party. A party may also be punished for refusing to answer questions or provide documents. A court can impose fines, force one party to pay another party’s attorney fees, prevent a party from using evidence in court, or even send someone to jail in extreme situations.
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