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Discovery is how you gather the evidence you will need to prove your case as plaintiff, or defeat the plaintiff's case as a defendant. 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.
Timeframe for discovery If you are the plaintiff, you can begin discovery 10 days after you serve the first papers in the case or anytime after the defendant files a response. If you are the defendant, you may begin discovery as soon as the case is filed.
Discovery is the means by which one party in a legal action seeks to learn as much as possible about the opposing party's case in order to devise an appropriate trial strategy.
Parties may obtain discovery regarding any matter, not privileged, which is relevant to any party's claim or defense, reasonably calculated to lead to the discovery of admissible evidence and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in ...
Interrogatories. Interrogatories are a set of written questions propounded by one party and required to be answered by the opposing party under oath within 30 days, except the Respondent does not have to respond any sooner than 45 days from the service of the petition and summons.
Parties may obtain discovery regarding any matter, not privileged, which is relevant to any party's claim or defense, reasonably calculated to lead to the discovery of admissible evidence and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in ...
Whenever a party is represented by an attorney, service may be made on the party or his attorney. Such service may be made by mailing a copy of the interrogatories or the answers thereto to the opposing party or his attorney by registered or certified mail.
Motions to Compel A motion to compel can be brought forward to provide compliance with a discovery request or to provide fuller answers, documents, or other evidence that has been requested. Sanctions may be awarded to a party who wins a hearing on a motion to compel discovery.