When you’re involved in a lawsuit, one of the main parts of the process is called the discovery phase. This is the time when both sides gather and share important facts and evidence about the case. The goal is to make sure everyone has the information they need before going to trial. Discovery helps avoid surprises by letting each side see the evidence the other side plans to use.
What Happens in the Discovery Phase of a Lawsuit?
During discovery, each side can ask questions, request documents, and interview people who know about the case. Some of the main tools used are:
- Interrogatories: These are written questions one side sends to the other. The person answering must do so under oath, which means they swear the answers are true.
- Requests for Production of Documents: One side can ask for papers, emails, photos, or any other documents related to the case. This can also include electronically stored information like texts or files.
- Depositions: This is an interview done in person, usually with a lawyer asking questions and a court reporter writing down everything. The person being questioned has to tell the truth under oath.
- Requests for Admission: This asks the other side to admit or deny certain facts. It helps narrow down what facts are agreed on and which ones will be argued about.
The discovery phase gives both sides a chance to collect the evidence they will use to build their arguments. It also helps find out what the other side plans to show at trial, so there are no surprises.
How Long Is the Discovery Phase in a Lawsuit?
Discovery can last anywhere from a few months to over a year. How long it takes depends on how complicated the case is and how cooperative both sides are. Sometimes scheduling depositions and gathering documents can slow things down. Courts usually set deadlines for when each part of discovery must be finished. For example, after receiving written questions or document requests, a party typically has about 30 days to respond.
What Happens After the Discovery Phase in a Lawsuit?
Once discovery is complete, both sides should have a clear picture of the strengths and weaknesses of their cases. This often leads to settlement talks. Settling means both sides agree on a resolution without going to trial. If they cannot agree, the case will move to trial, where a judge or jury will decide who is responsible and what damages should be paid.
Key Points to Remember About Discovery
The discovery phase is about sharing facts and evidence that are important to the case. The court allows discovery of anything that might lead to proof that is allowed in court. But some things, like private conversations between lawyers and clients, are protected and do not have to be shared.
Because discovery is a formal process, there are rules about how it is done. Courts may hold a discovery conference to set a schedule and decide what is allowed. Both sides need to follow these rules carefully to avoid problems.
The discovery process helps make lawsuits fairer. It gives everyone a chance to prepare and avoids surprises that could hurt one side during trial.
If you are involved in a lawsuit, it helps to have an experienced lawyer who understands how to handle discovery. They can make sure you meet all deadlines, protect your rights, and build the best possible case.
If you have questions about the discovery phase or want to learn more about your lawsuit, call today to speak with our car accident lawyers in Monmouth County, who can help.