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Discovery is the formal process by which the parties to a case in court exchange information about the case. This includes information about the witnesses and evidence to be presented at trial. Its purpose is to make the parties aware of the evidence which may be presented 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.
Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...
FRCP 26 (c): Protective Orders FRCP 26 (c) states that a ?party or any person from whom discovery is sought? has the right to claim a ?protective order in the court where the action is pending?or as an alternative on matters relating to a deposition.? forbid or limit the scope of inquiry to certain matters.
Interrogatories may, without leave of court, be served upon the plaintiff after the summons and a copy of the complaint are served upon the defendant, or the complaint is filed, whichever shall first occur, and upon any other party with or after service of the summons and complaint upon that party.
Here are some of the things lawyers often ask for in discovery: anything a witness or party saw, heard, or did in connection with the dispute. anything anyone said at a particular time and place (for example, in a business meeting related to the dispute or after a car accident that turned into a lawsuit)
The three forms of discovery are: Written - This form of discovery takes place on paper. ... Document Production - This form of discovery involves an exchange of documents. ... Oral - Sometimes known as depositions, this form of discovery allows parties to gain sworn statements from involved individuals.
The basic rules of discovery maintain that all parties are permitted to obtain information that relates to the lawsuit (no matter how minor) as long that info is not ?privileged? or legally protected. Examples of things an attorney may request in discovery include: Any documents that relate to the dispute.