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In this lesson, you will learn the discovery process, the potential challenges you may face, and the instruments used during the discovery stage.
Things to know about the Discovery stage
- Overview of the Discovery stage
- Definition, purpose, approaches
- The big picture
- Discovery instruments
- Counting days
- Discovery filings
- Appeals at the Discovery stage
Transcript
The discovery stage usually starts when the initial pleading stage ends. Any party can begin discovery. Proceed challenges include determining which discovery documents to file, properly objecting to discovery requests, avoiding an adverse judgment for failure to respond to a request for admissions and providing the bare minimum in discovery.
The parties gather evidence through discovery. One main purpose of this is to determine the merits of complaints, affirmative defenses, and counter claims. Another is to prepare for and narrow issues for trial. The party\’s approach discovery through written requests for information and witness interviews.
Discovery is often the longest part of litigation. One party sends a discovery request or subpoena and the responding party answers objects to discovery and or sends discovery of their own. Then there\’s a back and forth with the parties responding to or not responding adequately to, the other\’s discovery. A judge might get involved when written objections prompt a motion to compel. When discovery grinds to a halt, it\’s time for trial.
Discovery is gathered using four main instruments, interrogatories, requests for production, requests for admissions, and depositions.
Interrogatories are written questions from one party to the other. A request for production is a listing of documents one side wants the other to provide. Admissions are statements asking an opponent to admit or deny certain facts, and depositions are recorded interviews of witnesses under oath and before trial.
Typically, there is no set time limit for the conclusion of discovery, but there are limits on the amount of time a party has to respond to discovery requests. Meet those time limits and be sure you understand how the court counts time. Thirty days does not always mean thirty actual days. Some courts may count holidays and weekends while others may not.
Motion during discovery include the motion to compel, motion for summary judgment, and motion for protective order. There are also notices that must be sent in conjunction with discovery, including a notice of taking depositions, notice of service of subpoena, and notice of filing transcripts.
Discovery can be a combative process where failure to respond adequately can be addressed with a motion to compel. A party may even file a motion for protective order. A judge\’s decision in such matters can result in an interlocutory appeal. Which is an appeal of an order that doesn\’t end the case. Multiple interlocutory appeals can be filed during discovery.