You use discovery to get information or evidence from the other side in a lawsuit that will help you make your case. In order to get the information you need, you must make a request using a specific procedure and written format, within a specific timeframe.
Rule 1301.1 - Discovery in Compulsory Arbitration Proceedings (Except Small Claims) (1) For any personal injury claim filed in Compulsory Arbitration, the plaintiff may serve arbitration discovery requests (see FORM 1301.1A) (see subsection (8)(a) below) either together with the copy of the Complaint served on the ...
Discovery is the formal process by which the parties to a case in court exchange information about the case. This includes information about the witnesses and evidence to be presented at trial. Its purpose is to make the parties aware of the evidence which may be presented at trial.
“Formal” discovery is the process of using mechanisms provided for in the law to gather information. “Formal” discovery consists of things like interrogatories, depositions and requests for production of documents. Informal discovery is information gathering done outside the legally created processes for investigation.
However, most personal injury cases settle before trial. Instead, they may offer the settlement well after the trial starts. This typically happens after discovery, but it may even happen after the jury reaches a verdict.
Write out each fact you wish the other party to admit is true. When writing these facts, be as clear and concise as possible. Each request must be for a single fact; do not include multiple facts, compound questions, or subparts.
In a formal discovery, you formally ask for information and documents. You can also ask other people for information. For example, you may need documents from your spouse's employer. They also must respond.
Formal Written Discovery is written questions and requests for documents. It's a time-consuming process, but necessary to gather the evidence we need for a final trial. This is where we ask questions and request documents from the other party, who must answer them under oath and with detail.
Rule L212. 1 - Time For Completing Discovery - Civi (a) The parties shall complete discovery within 210 days from the filing of the complaint. Discovery will not be permitted after the 210 day period except by order of court upon good cause shown.
A discovery response is essentially a choice that you make after receiving a request for information. The question then becomes, Should you comply or not?