Ultimately, discovery enables a more comprehensive understanding of the facts and allows for more informed and strategic decisions as the case is being prepared for trial. The deposition transcript can also be used to ensure the witness does not change his or her testimony at a later date.
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The court reporter then converts the recording into a written transcript that can be used at trial if the witness is unavailable. The court reporter records the questions asked of the witness and the answer he or she gives. Non-parties are individuals or business entities that are not involved in the lawsuit but may possess documents that contain information that is relevant to it.ĭepositions: A deposition is a sworn statement of a party or a witness that is given in the presence of a court reporter.
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The determination as to what is or is not relevant hinges upon the particular facts of the matter at hand there is no “one size fits all.” Unlike interrogatories, requests for production of documents may be sent to non-parties. GenSmart Optimization is a free online tool for performing codon optimization to improve gene expression. Requests for production of documents: Not surprising, requests for production of documents require the other party to produce documents in that party’s possession which are relevant to the case. These questions are usually very specific, asking for information such as dates and times, descriptions of events and even the identification of witnesses. The opposing party is then required to answer the questions and affirm, under oath, the answers are true. Interrogatories: Interrogatories are nothing more than written questions prepared by the attorney and sent to the other side. There are two broad categories of discovery: Written Discovery (which includes interrogatories and requests for production of documents, the two most common forms), and depositions. In other words, it is designed to make trial less of a game and more of a fair contest. The purpose of discovery, and the ideals behind it, is to promote the truth-seeking function of litigation. It also involves discovering the evidence of the other party.It is the process of discovering evidence to prepare your case for trial.Litigation and discovery, in fact, go hand in hand, and although difficult at times, it is important to understand the process and appreciate why it is not only necessary but a powerful and important tool.ĭiscovery, or the “discovery process,” is exactly what the name implies: Litigation can be complex, expensive, time consuming, and contentious! These same four words can be said of discovery, the process whereby each side learns the facts supporting the other side’s case.
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