The federal court system began to require disclosure of all relevant facts and documents to the other side prior to trial, and virtually every state has followed its lead. The goal is to create a predictable legal system that can support our desire to fair justice. Discovery is a methodical approach to disclosing all evidence prior to trial. It is classified into three kinds: written discovery, document production, and depositions.
Written Discovery
Interrogatories are written questions permitting your stated version of the facts and of your law suit. They may be printed and include questions varying from extremely specific to quite vague. An experienced lawyer may object to certain questions.
Requests for admission are infrequently used, but very effective. It simply requires a direct response to a question that would harm one’s testimony.
Document Production
Historically this has referred to paper, but document production has changed as paper is no longer the only media of data storage. Courts are now allowing electronic document production, including e-mails, texts, and even retrieval of previously deleted files from hard drives. People often forget that these private communications are so easily accessible.
Depositions
Depositions are sworn statements which can be used as evidence during a trial. A good lawyer will prepare in detail, but will always begin by telling you to never guess. The purpose of a deposition is to give facts, not to speculate as to what might have happened. ‘I don’t know’ is typically a better answer than anything beginning with ‘I think.’ Answer only the question asked; don’t offer additional information. It is their job to get the facts. Don’t offer additional information in the understandable desire to be understood.
Things to Remember About Discovery
People are often surprised by the facts that become known during discovery. Approach it with the understanding that everything said or done relevant to the civil law suit will become known. Give your attorney all the facts and documents. He or she will not be able to achieve the best results if surprised by damaging facts.
Discovery can be lengthy, expensive, intrusive, and frustrating. The intrusion into one’s life warrants serious consideration before pursuing a personal injury law suit.
