Requesting Discovery Form With Attorney In Maryland
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FAQ
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.
The length of the discovery process depends on the facts of the case and the amount of evidence that has to be reviewed. Since both sides are required to submit their evidence to their opponents for review, it could take weeks or months for the lawyers on both sides to go over all of the documentation.
The Best Evidence Rule, as set forth in Md. Rule 5-1002, states: “To prove the content of a writing, recording, or photograph, the originalwriting, recording, or photograph is required, except as otherwise provided in these rules or by statute.” (Emphasis added).
Under the Maryland Rules, you must provide the opposing party with your discovery answers within either 30 days after service of the request or 15 days after the date on which the party's initial pleading or motion is required, whichever is later.
The 3-year deadline for filing tort claims under Maryland's statute of limitations begins to run from the “date of discovery.” The date of discovery is the date that the plaintiff knew they had a claim or that a reasonable person would have realized that they had a claim.
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.
"Discoverable" Information Similarly, if information is "discoverable" and your opponent asks you for it, you must disclose the information. The Maryland Rules encourage broad discovery. Generally, information that is "not privileged" and "relevant to the subject matter involved in the action" is discoverable.
How Long Does the Discovery Process Take? Depending on the type of case, discovery could last a few months to more than a year.
At the end of the discovery process, both parties should have a reasonably good idea of the strength of their opponent's case as well as their own. A weakness in one party's position may encourage it to try negotiating a settlement to avoid going to trial.
