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.
One of the most common methods of discovery is to take depositions. A deposition is an out-of-court statement given under oath by any person involved in the case. It is to be used at trial or in preparation for trial. It may be in the form of a written transcript, a videotape, or both.
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.
11.0 HEARING AND SUBMISSION OF MOTIONS If the motion requires consideration of facts not appearing of record, the movant shall serve and file copies of all affidavits, depositions, photographs or documentary evidence which the movant desires to submit in support of the motion.
Discovery allows you to get information and evidence from the other party or other persons you can use in your lawsuit.
Generally speaking, when a party does not respond to discovery, one may file a motion to compel. It may also be important to check with the party to see why no response was provided. Typically the court will decide all discovery disputes.
(3) Answers, objections or other responses to discovery requests shall be served within twenty-eight days after service of such requests unless the board orders or the parties agree to a different period of time.
(C)Time: Motion (1)Motion responses and movants' replies generally. Responses to a written motion, other than motions for summary judgment, may be served within fourteen days after service of the motion.
In Ohio, discovery has to be served in an editable format (aka Word) and must allow a minimum of twenty-eight (28) days to respond.