The Many Forms that the Discovery Process Can Take
There, you will negotiate a possible settlement. If you can’t reach a settlement, then you must go on to a trial before a judge and jury.
If you must go through the discovery process, that can take some time. The discovery process can include many steps, and we will talk about them right now.
The Basics
Though discovery can take many forms, some basics apply. Discovery simply means a time when the two sides and their counsels meet and exchange information.One lawyer or the other can’t spring a surprise on the opposing counsel in the courtroom. They must show their cards, so to speak, before the two sides face off in court. That way, the opposing counsel can prepare a suitable defense.
The lawyers must reveal any information that the legal system does not consider privileged about the case and any related matters. Now, let us talk more specifically about what can come out during discovery and what the process resembles.
Depositions
A deposition normally takes place outside of a courtroom setting. For instance, the defendant’s lawyer can depose someone who knows information about the case. This process might take place in an office building or somewhere other than a courtroom.However, officials from the court might attend, and the deposed person answering questions must swear they’re telling the truth. This means they are under oath like you might see in a courtroom when someone swears on a bible.
During the deposition, either side’s counsel can ask this witness questions. They can ask only questions that the law deems appropriate, though.
In other words, this person might not answer a question if one side’s lawyer says that’s off limits. If they can cite a legal reason why this person should not answer that question, then the individual won’t answer.
Lawyers must attend for this reason. They must make sure the opposing counsel does not ask anything inappropriate under the law.
This person’s deposition might come in handy when the trial begins, assuming things progress that far. That’s why depositions take place as part of the discovery process.
Mental or Physical Exams
During discovery, a doctor or some other qualified medical professional might examine a person who matters in the lawsuit. Maybe that’s the person bringing the lawsuit, or perhaps it’s someone who will give witness testimony.The mental or physical exam might determine whether this person can appear on the witness stand or whether they’re mentally competent. If they’re not, then maybe the opposing counsel won’t allow their testimony.
Usually, a judge determines that. The physical or mental exam won’t happen with the two lawyers in the room, but they can see the results afterward as part of the discovery process.
Property Inspections
Property inspections can sometimes occur during discovery. They might happen if an incident occurred in a certain place, and that incident injured someone or otherwise came into play during the events that caused the lawsuit.For instance, maybe a person fell while on someone’s front steps. They’re suing that person because they say they should have repaired those steps.
Either lawyer might demand that they see the steps in question during the discovery phase. They might visit the steps, take pictures, and take any other actions they deem necessary during the trial preparation.
Sharing of Documents
During discovery, one side or the other might share many documents. In some complicated cases, hundreds or even thousands of documents might change hands during discovery.Maybe you have a lawsuit where a company made a product that harmed a person. The person then sued the company, alleging they didn’t test the product sufficiently before they put it on the market.
The company might have internal documents indicating they tested the product. The plaintiff’s lawyer may request those documents. They can look them over to determine whether the company tested the product sufficiently or not.
Maybe they tested it, but not the way the law demands. If the plaintiff’s lawyer can establish that, they might win the case that way. If the defendant, the company, in this case, conceals any documents, that’s illegal.
Interrogatories
This term means questions that one lawyer might ask a witness or someone else who they say must appear during the discovery phase. They draft these questions beforehand rather than asking them verbally.They might do this because they want to include certain language that they might otherwise forget during a verbal session with an appearing witness. A lawyer might also serve the opposing plaintiff or defendant with these questions. They can respond in writing with their lawyer’s help.
Basically, this back and forth established a certain groundwork that the lawyers might then use against the defendant or plaintiff in court if the two sides can’t reach a settlement before then.
What Happens After Discovery?
The discovery process can take days, weeks, or even months in some cases. The two sides must go through all these steps until they have a fair and accurate idea about what information the opposing side has.Then, the lawyers will confer with their clients and advise them. Say that the defendant’s counsel sees overwhelming evidence that this person or entity injured the plaintiff. If so, they will probably suggest a settlement offer.
The plaintiff and their lawyer will discuss that offer. They might decide that they’re getting enough money in damages. They may also feel that they can get a lot more if they pursue the matter in court.
Discovery helps conclude many lawsuits before they ever reach a courtroom. It’s only when the two sides can’t agree that they argue their case in front of a judge and jury.
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Posted - 04/14/2023
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