Understanding Discovery

What is Discovery?

Discovery is the formal process of exchanging information between parties about witnesses and evidence that will be presented at trial. The purpose is to prevent surprises, narrow the issues, and potentially encourage settlements. Common discovery methods include: interrogatories (written questions), requests for production of documents, requests for admission, and depositions (oral testimony under oath).

Discovery Timeline

Discovery typically begins after the pleading stage (complaint and answer) is complete. Many courts have a scheduling order that sets deadlines for completing discovery, often 3-6 months. Parties may need to exchange initial disclosures automatically before formal discovery begins.

Types of Discovery Requests

• Interrogatories: Written questions (usually limited to 25) that must be answered under oath
• Requests for Production: Asking for documents, electronically stored information, or tangible items
• Requests for Admission: Asking the other party to admit or deny specific facts to narrow issues
• Depositions: Oral questioning under oath, recorded by a court reporter (limited to 7 hours per person)
• Independent Medical Examinations: For cases involving physical or mental condition claims
• Subpoenas: To obtain information from non-parties

Responding to Discovery

• Note the deadline immediately (typically 30 days)
• Review carefully for objectionable requests (overly broad, privileged, etc.)
• Gather responsive information and documents
• Prepare written responses and objections
• For interrogatories and admissions, verify responses under oath
• Serve responses on the requesting party before the deadline
• Maintain a privilege log if withholding privileged documents

Common Objections

You may object to discovery requests that are: overly broad, unduly burdensome, not relevant to claims/defenses, privileged (attorney-client, work product), seek confidential information, vague/ambiguous, or duplicative. However, you must still respond to the non-objectionable parts of each request.

Tips for Success

Be thorough but focused when requesting discovery. Maintain organized files of all discovery materials. Consider using Bates numbering for document production. For depositions, prepare carefully and consider having your own representation present. Keep conversations with your attorney private to preserve privilege. Courts strongly disfavor discovery disputes, so try to resolve issues with opposing parties before seeking court intervention.