Discovery
Discovery is a pre-trial procedure in litigation where parties involved in a legal dispute exchange relevant information, documents, and evidence. The purpose of discovery is to ensure that both parties have access to the same information, enabling them to prepare for trial and promote an efficient resolution of the case.
Discovery encompasses several key components:
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Interrogatories: Written questions that one party sends to another, requiring written answers under oath. For example, in a personal injury case, the defendant might send interrogatories asking the plaintiff to describe the incident in detail.
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Requests for Production of Documents: A formal request for the other party to provide specific documents or evidence related to the case. For instance, in a business dispute, a company may request emails or contracts that are relevant to the claims.
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Depositions: An in-person, sworn testimony taken from a witness or a party involved in the case. This allows attorneys to ask questions and gather information directly. For example, a deposition may be taken from an expert witness to understand their qualifications and opinions.
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Requests for Admissions: A set of statements sent to the opposing party, asking them to admit or deny the truth of those statements. This can streamline the trial process by establishing certain facts as undisputed.
Overall, the discovery process is critical for building a case, as it allows parties to gather evidence, clarify issues, and potentially settle disputes before reaching trial. Failure to comply with discovery requests may result in legal penalties or dismissal of claims.
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