What is Discovery?
The pre-trial phase in a lawsuit where each party can obtain evidence from the opposing party through various methods including interrogatories, depositions, and requests for documents.
Understanding Discovery
Discovery is designed to prevent "trial by ambush" by allowing both sides to know the evidence and arguments before trial. Common discovery tools include written interrogatories, requests for production of documents, requests for admissions, and depositions.
Examples
- 1Requesting medical records from the plaintiff
- 2Deposing witnesses and parties
- 3Sending interrogatories about the incident
Related Terms
Deposition
Sworn, out-of-court testimony given by a witness or party that is recorded for later use in court proceedings. Depositions are a key part of the discovery process.
Statute of Limitations
A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the claim is typically barred forever.
Settlement
An agreement between parties to resolve a legal dispute without going to trial. Settlements typically involve the defendant paying the plaintiff an agreed-upon sum in exchange for dropping the lawsuit.
Demand Letter
A formal letter sent to an insurance company or opposing party outlining the facts of the case, injuries sustained, and the amount of compensation being sought.
Motion
A formal request made to a court asking the judge to make a specific ruling or order on a particular issue in a case.
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