If you are in litigation, you may be surprised to learn that the law may require you to turn over vast amounts of information to the other party or their attorney. This may include financial records, property documents, e-mails, hand written notes, videos, and other items which may be relevant to the present lawsuit. This process is called "discovery."
Ultimately, the discovery process consists of exchanging information between parties. It allows each person in a lawsuit to "discover" certain details they would not have known without asking questions. The discovery process is designed to manage the litigation process and allows each participant:
There are many types of discovery, but you may think of it as the process by which litigants exchange documents and answer questions.
Discovery is part of a lawsuit in which the parties inquire and produce information related to the case. This information may be statements, responses and/or document requests. Discovery is important particularly in building your case and gathering information that will be used at trial. All parties are entitled to know what evidence is going to be presented in a trial by the opposing party. Because discovery can be arduous, it promotes settlements and discourages litigation especially in dense and complex matters.
You are not entitled to any information you want through the discovery process. Only relevant information may be sought in discovery requests. Should you request information wholly unrelated to the case, the opposing party may deny your request based on its irrelevancy.
Attorneys and their staff send out discovery requests after evaluating what questions, responses and/or documents they will need for your case. Typically, discovery requests are sent to the opposing party’s attorney. Discovery responses are due 30 days after the requests are made. However, if you send or receive discovery requests before filing an answer, you have 50 days, rather than the 30 days, to answer the requests.
Interrogatories must be answered to the best of your ability. However, you are allowed to object to certain interrogatories if there is a valid basis for the objection. These answers are sworn and must be accompanied by a verification page that is notarized. This ensures that each party is answering each interrogatory to the best of his/her knowledge.
Because the discovery process is mandatory, if you do not participate, the court can impose sanctions on you which include a contempt of court charge, a fine, an order requiring you to pay the opposing party’s attorney’s fees or dismissing the suit completely. Additionally, if you answer more than 30 days after receiving the discovery requests, your objections are waived and admissions are automatically admitted. Accordingly, it is extremely important to participate and comply with all the rules of discovery.
If you cannot find all of the documents requested, you must still provide what you are able to find along with a description of your efforts to locate the missing documents.
Requests for admissions are statements in which you are being asked to either admit or deny facts that are relevant to your case.
Requests for disclosure are basic questions such as your name, theories you are basing your case around, names and phone numbers of potential witnesses or third parties, etc.
Requests for production and inspection are requests for you to produce documents like tax returns, bank statements, emails, text messages, letters, etc. These documents are requested in order to prepare the case for trial. Today, many attorneys use electronic means of producing and reviewing discovery such as using Dropbox or the “cloud” to upload and download files. This method has made document production much more efficient than the old fashioned method of sticking documents in boxes and delivering them to an attorney’s office to be inspected.
Interrogatories are, in most cases, 25 questions submitted to the opposing party. When answering interrogatories, your answers are to be taken as answers under oath.
Depositions are interviews that can be done orally or in writing. Depositions are an opportunity for parties in a lawsuit to obtain testimony from a witness under oath before trial. If you are asked a question in a deposition and then again at trial, your answer should be the same as statements made during a deposition may be used against you at trial.
A subpoena is a court order to appear and potentially testify or produce documents in a lawsuit. Should the individual served with a subpoena not comply, he or she could face a contempt of court charge. Subpoenas are typically served during the discovery process of a lawsuit.
Have an idea for a blog? Click and request a blog and we will let you know when we post it!
Let's talk about your legal issue
Wilson Legal Group P.C.
d/b/a Wilson Whitaker Rynell
(972) 248-8080 (Dallas) MAIN OFFICE
(713) 830-2207 (Houston) Appointment Only
(512) 691-4100 (Austin) Appointment Only
For more information on how we can assist in your intellectual property, commercial litigation, divorce, or other personal needs, let us know how we can help you:
WILSON WHITAKER RYNELL
Thank You for Contacting Us!
Your information has been sent, and we will contact you shorlty...issues.
WILSON WHITAKER RYNELL
Oops, there was an error sending your message.
Please try again later.
Disclaimer:
This form does not establish an attorney-client relationship, and should only be used to contact the firm about scheduling a call or meeting. No confidential or sensitive information should be sent using this form.
We represent clients nationwide, including Dallas, Austin, Houston, and other Texas areas such as Fort Worth, Arlington, Carrollton, Plano, Allen, Lewisville, Flower Mound, Irving, Denton, McKinney, North Richland Hills, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.
Wilson Whitaker Rynell
16610 Dallas Parkway, Suite 1000
Dallas, Texas 75248
972-248-8080 (MAIN)
972-248-8088 (FAX)
info@wrrlegal.com (E-MAIL)