This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
How Does Discovery Work? There are four main types of discovery requests: (1) depositions; (2) interrogatories; (3) requests for admissions; and (4) requests for the production of documents. Depositions are formal witness interviews.
If the parties are having a dispute, either party can file a motion with the court asking the judge to order the other side to respond to discovery requests or punish the other side for failing to respond to discovery requests or for making unreasonable discovery requests.
Think of discovery as obtaining and disclosing the evidence and position of each side of a case so that all parties involved can decide what their best options are – move forward toward to trial or negotiate an early settlement.
Ing to Rule 26(b)(1) , "Parties may obtain discovery regarding any non-privileged matter that is relevant to any party's claim or defense." The federal rules also provide several tools that can be used to get information from other parties, including interrogatories , depositions , and requests for admission .
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
In certain cases, you might be able to write a letter to the other side and request the documents that you need. However, in more formal cases, you will likely have to draft more formal discovery demands. There are usually forms available for this in local law libraries, from the court clerk's office, or online.
Even if some personal injury cases make it through the discovery phase, it is still rare that they will go to a jury trial. Each party has too much at risk, and a settlement often meets the needs of both parties.
The Benefits of Discovery for Both Plaintiffs and Defendants Helps plaintiffs and defendants understand the legal issues at play in the case and better prepare for trial. During discovery, each party can obtain facts from the other through requests for admission, interrogatories, documents, depositions, and more.
The first phase of the discovery process is the written discovery phase. During this phase, your attorney may send and receive requests to produce documents, requests for admissions of facts, and written interrogatories.
In the United States, there are five basic forms of discovery: depositions, interrogatories, requests for production of documents (or permission to inspect), physical and mental examinations, and requests for admission.