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Discovery is a process used by parties to obtain information or documents to aid in the preparation of an appeal for hearing. The primary discovery devices are interrogatories, depositions, requests for admission, and requests for production. Interrogatories are written questions. See TTR 255.
Subject to MCR 2.302(B), interrogatories may, without leave of court, be served: (a) on the plaintiff after commencement of the action or (b) on a defendant with or after the service of the summons and complaint on that defendant.
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.
The discovery phase is the stage in a lawsuit where both parties gather and exchange information and evidence relevant to their respective cases. This process enables the two sides to build strong arguments, understand the other party's claims, and, in some instances, reach a settlement without the need for a trial.
Discovery may be made through interrogatories, which consist of written questions sent from one side to the other in an attempt to secure important facts; it also can be made through depositions, whereby a witness is sworn and, in the presence of attorneys for both sides, is subjected to questions.
(1) In a case where initial disclosures are required, a party may seek discovery only after the party serves its initial disclosures under MCR 2.302(A). Otherwise, a party may seek discovery after commencement of the action when authorized by these rules, by stipulation, or by court order.
Parties may obtain discovery regarding any non-privileged matter that is relevant to any party's claims or defenses and proportional to the needs of the case, taking into account all pertinent factors, including whether the burden or expense of the proposed discovery outweighs its likely benefit, the complexity of the ...