Disclosure is accomplished through a methodical process called "discovery." Discovery takes three basic forms: written discovery, document production, and depositions.
The rule acknowledges that victims cannot sue for damages they are unaware of, and it adjusts the legal timeline ingly. This rule, however, is not without its limits. New York law specifies certain conditions under which the discovery rule applies, and understanding these specifics is crucial.
Steps Of The Discovery Process. There are four key actions in the discovery process which include interrogatories, request for documents, request for admissions, and depositions.
Write out each fact you wish the other party to admit is true. When writing these facts, be as clear and concise as possible. Each request must be for a single fact; do not include multiple facts, compound questions, or subparts.
For example, a discovery demand might be for production of the names of witnesses, witness statements, information about evidence, a request for opportunity to inspect tangible evidence, and for any reports prepared by expert witnesses who will testify at trial.
You use discovery to find out things like: What the other side plans to say about an issue in your case. What facts or witnesses support their side. What facts or witnesses support your side. What information or documents could be used as evidence.
You have 30 days to respond to interrogatories, but you may ask the other party for more time. If the other party declines, you may write to the judge to ask for an extension of time. You must answer each interrogatory separately and fully in writing and under oath.
The length of the discovery phase varies depending on the case's complexity, the amount of evidence to be collected, and the level of cooperation between the parties. In personal injury cases, the discovery process can last anywhere from a few months to over a year.
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.