Filing a lawsuit or going through a divorce? You may encounter the discovery process. Although it may seem like a preliminary stage to ‘get prepared’ for trial, it’s crucial to take it as seriously as possible and secure all the support you can find. This article explores the discovery process, its importance, and how a legal team can guide you through it.
An Overview of Discovery and What Is and Is Not Permitted
Discovery happens before your day in court, allowing you and your legal team to gather evidence and information from involved parties. While we’ll discuss the tools a legal team uses to acquire information, both oral and written types of discovery are at your disposal and may be admissible in court.
Discovery is used in lawsuit scenarios, but also in divorce proceedings that go to court. It allows you to obtain information you otherwise wouldn’t be able to compile on your own. Special forms and fact-finding tools apply legal pressure on the opposing party to reveal information they may be hiding, whether it’s income, assets, or information pertaining to the event that prompted the lawsuit.
However, not all information is fair game in discovery. Some types of information you may request include:
- Witness testimony
- Statements made by a person before or after the event
- Upkeep and operations of a business involved in the lawsuit
- A spouse’s income and assets
- Relevant background experiences of a witness
Conversely, some types of information you may not request include:
- Confidential conversations between immediate family
- Communications between a lawyer and client
- Communications between a doctor and patient
- Private information not relevant to the case
- Information from third parties not relevant to the case
It may seem like discovery is a technical and involved process. However, with your lawyer and their resources at hand, you can save time and reduce stress.
Your Legal Team: A Personalized Approach to the Discovery Process
No matter how well you think you know a case, a lawyer will understand the legal scope better—and that’s normal. A legal team can provide you with indispensable support during the discovery process.
Attorneys both know the law and their resources; your lawyer will likely have connections to local courts and other attorneys in the area, working with district attorneys, secretaries, clerks, assistants, and judges in service of their client.
In addition, discovery can lead to a lot of paperwork. If you’re having trouble procuring information from another person and don’t have any leverage, your attorney can file interrogatories and requests. With these, you’ll be able to push forward with your case with confidence that you’ll be entering the court well-stocked with the facts on your side.
Discovery isn’t just about facts: it’s also strategy. Once your attorneys gather all the relevant information they need, they’ll start building your case. If you don’t have a strong understanding of the law, having a lawyer will fortify your story.
“The art of the advocate is the art of selecting and arranging the evidence so that it shall bring the truth home to the minds of the jury.” – Abraham Lincoln
You are at the center of a legal team; it’s your case, your story, your facts. There is a chance you’ll be involved in parts of the discovery, especially when it comes to the process’s main tools.
Understanding the Tools of Discovery: From Depositions to Interrogatories
At the core of discovery are the tools used to obtain information.
The most commonly used oral type of discovery is deposition, which is an under-oath statement that happens before court proceedings, but may be used in the future for fact-finding or on the witness stand. Both sides have the right to depose a witness and may be present at each other’s depositions. These may also come to your aid in the event a witness cannot appear in court; with their deposition in hand, you have their oral testimony.
On the other hand, the most popular written type of discovery is interrogatories, or a series of written questions your lawyer sends to another party for them to answer. These aren’t just questions to take lightly; they are sworn, under oath statements that may be used in court alongside depositions, witness statements, and other forms of evidence. If served with interrogatories, you’ll have a certain amount of time to answer them.
Here’s a table summarizing these key tools:
| Tool | Type | Description |
|---|---|---|
| Depositions | Oral | Under-oath statements taken outside of court |
| Interrogatories | Written | Written questions sent to the opposing party that must be answered under oath |
In any case, both parties in a civil or family case have a duty to supplement responses with information or documents that add to those answers in the future. If you make a statement without sufficient information on hand, you must correct or supplement it in the future. It’s best to do this before the discovery’s deadline.
There are forms your lawyer may file and send to the opposing party in case they need to procure further evidence. Requests for production, admissions, or mental or physical examinations are all at your lawyer’s disposal and may be used in the course of discovery. Keep your eyes out for any of these served your way, too.
How JC Law Can Help You Navigate the Discovery Process in MD, VA, PA, and DC
Navigating the complexities of the discovery process requires a skilled and experienced legal team. At JC Law, led by James E. Crawford, Jr., we understand the nuances of discovery in Maryland (MD), Virginia (VA), Pennsylvania (PA), and the District of Columbia (DC). We provide comprehensive support to ensure you are well-prepared and confident throughout your legal proceedings. Our team will effectively utilize the tools of discovery, including depositions and interrogatories, to build a strong case on your behalf.
Our services include:
- Strategic Planning: Developing a tailored discovery strategy to meet your specific needs.
- Document Management: Organizing and analyzing all relevant documents to extract critical information.
- Deposition Preparation: Preparing you and other witnesses for depositions to ensure clear and concise testimony.
- Interrogatory Drafting and Review: Crafting effective interrogatories and reviewing responses for completeness and accuracy.
- Legal Representation: Providing expert legal representation throughout the discovery process and beyond.
If you need assistance with the discovery process in MD, VA, PA, or DC, contact our offices for a free initial consultation. Our lawyers at JC Law know how to navigate the process and strive to leave you feeling confident ahead of your day in court. Let James E. Crawford, Jr. and our team help you build a strong foundation for your case.
