Disclosure is accomplished through a methodical process called "discovery." Discovery takes three basic forms: written discovery, document production, and depositions.
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.
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.
What Are the Three Forms of Discovery? Depositions. Written discovery. Document production.
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.
There are three different types of written discovery, known as (1) interrogatories, (2) requests for production and (3) requests for admission.
The very first step in any discovery process is typically a kickoff meeting. If you're working one-on-one with a client, this meeting is just between you and your client.
You or your lawyer may file a motion for discovery to request that the state produce evidence it plans to introduce at trial. Your lawyer needs to know the type of evidence the state will use against you at trial so that they can properly prepare for your case.
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.