[Header: Your Law Firm's Name and Address] [Date] [Client's Name] [Client's Address] Subject: Instructing on Answering Discovery in [Case Name] Dear [Client's Name], I hope this letter finds you well. I am writing to provide you with instructions on how to answer discovery requests in our ongoing case, [Case Name]. This process is crucial in gathering relevant information and building a strong defense for your lawsuit. Please read this letter attentively and follow the instructions outlined below. 1. Overview of Discovery: Discovery is a critical phase in litigation where both parties exchange information relevant to the lawsuit. It helps uncover facts, reveals evidence, and aids in building a comprehensive case. As Alaska law requires, we must cooperatively respond to all legitimate discovery requests throughout the lawsuit. 2. Types of Discovery: Discovery generally encompasses various methods, including interrogatories, requests for production of documents, requests for admissions, and depositions. Each method aims to gather specific information necessary to support your case. In our current situation, we anticipate the following types of discovery: a) Interrogatories: These are written questions submitted to the opposing party. You will be provided with specific questions representing issues relevant to the case. It is crucial to provide complete, accurate, and well-thought-out responses within the designated timeframe. b) Requests for Production of Documents: The opposing party may request relevant documents supporting their claims or seeking evidence from you. This may include medical records, financial documentation, correspondence, or any other records related to the lawsuit. We will provide you with a list of requested documents, and it is important to gather and compile these documents promptly. c) Requests for Admissions: These are statements or facts presented by the opposing party that they expect you to admit or deny. These requests require meticulous review and an appropriate response. We will guide you through this process and prepare appropriate responses tailored to your best interests. d) Depositions: Depositions involve testimony under oath before a court reporter, where attorneys from both sides have an opportunity to question the witness. We will schedule and prepare you for any depositions that may be requested. It is crucial to be well-prepared and truthful during the deposition. 3. Adhering to Deadlines: Discovery comes with strict deadlines set by the court. It is essential to respond to each discovery request within the provided time frame to avoid potential negative consequences. Failure to respond could result in sanctions, adverse inferences, or even dismissal of your case. I assure you that we will strive to provide all necessary guidance and support throughout this process. 4. Your Role and Collaboration: Your active involvement is vital during the discovery phase. I highly encourage open communication and prompt responsiveness to enable us to gather strong evidence and prepare a robust defense. Please promptly inform us of any concerns, questions, or changes in your circumstances related to the case. 5. Contact Information: If you have any questions regarding the discovery process or need assistance with any aspect of [Case Name], please do not hesitate to contact me directly at [your contact information]. We value your trust and commitment throughout this legal journey. Thank you for your cooperation in providing the necessary information and documents for the discovery process. Together, we will work diligently to protect your rights and achieve a favorable outcome in your case. Sincerely, [Your Name] [Your Law Firm's Name and Address] [Enclosure: List of Interrogatories and Document Requests]
Alaska Sample Letter to Client Instructing on Answering Discovery
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FAQ
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.
Good faith is a legal term that describes the intention of the party or parties in a contract to deal in an honest manner with each other. In contracts, the parties signing abide by and uphold the contract. It requires people to act honestly without taking advantage of others.
If you object to a discovery request, generally you have to let the other side know that you are not giving him/her documents that s/he has asked for.
Begin by explaining that the case has reached the discovery stage and what that means. Something like this: At this stage of the pending action, all parties are subject to procedures called ?discovery? that allow each party to obtain information and documents relevant to the case.
Discovery: Responding to Requests for Production or Inspection Complete Your Written Responses. Objections. Make Copies. Have Your Response Served. Retain Your Response and Proof of Service. Produce the Requested Documents and Things.
This letter is often called a good faith letter. And it is needed under many courts' rules before you can file a motion to compel discovery if the other party ignores your requests or provides evasive responses or move for sanctions if your opponent refuses to comply with the court's discovery order.
Failure of United States to Participate in Good Faith in Discovery. Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure.