Discovery is the formal exchange of information between parties in a lawsuit. It's where most of the time and money in litigation actually goes — typically 6 to 12 months of back-and-forth in a typical civil case. Understanding the tools makes the process less mystifying.
Written questions one side serves on the other, answered under oath. Each side typically gets 25–40 interrogatories. Answers are due within 30 days. Common subjects: facts of the dispute, identification of witnesses, damages calculations.
Demands for documents, emails, photos, contracts, business records, and electronic data. Modern cases often involve massive electronic discovery ("e-discovery"). The producing party can object to overbroad or burdensome requests.
An attorney questions a witness under oath, recorded by a court reporter (and sometimes video). Each deposition typically lasts 7 hours. Depositions are where cases are often won or lost — what witnesses say is locked in for trial.
Asks the other side to admit specific facts, eliminating the need to prove them at trial. Failing to respond is typically deemed an admission. A powerful tool for streamlining cases.
Parties often fight over the scope of discovery — what's relevant, what's privileged, what's burdensome. Motions to compel and motions for protective orders consume significant time and fees in contested cases.
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