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In this lesson, you will learn the different instruments used for discovery, and how to use each instrument in your discovery process.
Types of Discovery Instruments
- REQUEST FOR ADMISSIONS – A list of statements asking an opponent to admit or deny certain facts.
- REQUEST FOR INTERROGATORIES – Written questions from one party to the other.
- REQUEST FOR PRODUCTION – A list of documents one side wants the other to produce.
- DEPOSITIONS – Recorded interviews of witnesses under oath before a trial.
- SUBPOENA (DUCES TECUM) – An order to appear to testify (subpoena) and/or bring documents (subpoena duces tecum)
- FORENSIC EXPERTS – An expert witness who applies scientific knowledge to legal disputes.
- PRIVATE INVESTIGATION – Fact-finding for the purpose of collecting evidence.
Transcript
Through discovery, evidence is collected using four main instruments. There\’s the request for admissions, a request for production of documents, requests for answers to interrogatories, and depositions.
Some others you may not be as familiar with include subpoenas, including subpoenas duces tecum, or with production of documents; also forensic experts or examinations, and private investigations.
How do you decide what information to seek and discovery?
Well, the answer is to analyze your case, to plan out your discovery request.
What facts do you need to prove?
You want to make a list of all of the facts that are alleged in all of the pleadings.
That is the complaint, the affirmative defenses, the counterclaims. Make a list of all of the facts alleged in those pleadings, and then use your discovery instruments here to collect evidence that either proves or disproves those facts.
That\’s the best way to be effective in the discovery process.
The Counts tool in your toolset is a fantastic way to identify the evidence you need to seek in discovery.