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The three forms of discovery are: Written - This form of discovery takes place on paper. ... Document Production - This form of discovery involves an exchange of documents. ... Oral - Sometimes known as depositions, this form of discovery allows parties to gain sworn statements from involved individuals.
The length of the discovery phase varies depending on the case's complexity, the amount of evidence to be collected, and the level of cooperation between the parties. In personal injury cases, the discovery process can last anywhere from a few months to over a year.
We don't like Motions to Compel. Judges don't like them, and neither do the opposing parties we bring them against. But they are, sometimes, required to be brought in cases where you need information to make sure you know what facts, witnesses and documents are in a case prior to going to going to trial.
For example, a party may file a motion asking the court to: Order another party or person to: ... Quash a subpoena that improperly seeks documents or testimony. Order the parties to maintain the confidentiality of commercially sensitive, trade secret, proprietary, or personal information.
Once a personal injury lawsuit gets underway, the discovery process will last at least a few months and usually several months longer. In a large, complex case, it can go on for a year or more.