“At the conclusion of other discovery and at least 30 days prior the discovery cut-off date,” parties may serve contention interrogatories (Comm'l Div. Rule 11-ad). Requests for admission are unlimited and can be served up to 20 days before trial; responses are due within 20 days (CPLR Section 3123a).
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.
One of the tools that a knowledgeable criminal defense attorney will use to defend your rights is the pre-trial discovery process when the defense can file a “Demand for Discovery and Inspection” requesting that the prosecution share its evidence with the defense. This can include: Witness lists.
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 refers to the process of getting information from another party (a Plaintiff or a Defendant) before trial. Discovery is a legal tool each party can use to strengthen their case. Through discovery you may receive new information and documents. You may be able to use those documents as evidence at trial.
A discovery response is essentially a choice that you make after receiving a request for information. The question then becomes, Should you comply or not?
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.
Conclusion: Following discovery, the lawsuit needs a final conclusion. Most cases settle, with mediation being the most common means of reaching settlement. If settlement efforts fail, then the final outcome is determined by trial.
The discovery rule is a “narrow exception” to the legal injury rule that “defers accrual of a cause of action until the plaintiff knew or, exercising reasonable diligence, should have known of the facts giving rise to the cause of action.” Berry, 646 S.W.
Additionally, the new rules that went into effect September 1, 2023, require disclosure of the expert's qualifications to include all publications authored by the expert in the last 10 years, a list of cases in which the expert testified as an expert at trial or deposition (unless the expert is an attorney testifying ...