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.
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.
Parties usually send their discovery requests and responses to the other party electronically, by email. But, parties may also send or respond to discovery requests by U.S. mail or a parcel service. Discovery requests and responses should not be sent to the Administrative Judge, except to support a motion.
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.
(i) The party who bears the burden of proof on the issue for which expert testimony is offered must serve on the other parties the information required by paragraph (a)(4)(A) within 14 days after the close of fact discovery.
Discovery means you send the other side questions and requests for information or items (like documents) in writing. The other side must respond to your question or request in writing.
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.
Generally, a party has 28 days to respond to a request for production of documents, but if the requests were served by U.S. mail they have 7 extra days to respond.
Essentially, a party must disclose to the other parties the information, documents and witnesses that support the party's claims and defenses. Discovery refers to the procedures by which each party learns about the information, documents and witnesses that the other party does not have to disclose.
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.