To Discover - Ah, The "Heart" of Litigation

So, you've gotten upset enough to file that lawsuit, pay the $395.00 in filing charges, and the other side has actually responded with an Answer.  Now what?  Well, you may have enough evidence to prove your case, but the other side will likely be asking you for that evidence in the form of "discovery" requests.  The other side may also have denied all allegations in your complaint, and as a result, you may wish to educate yourself as to why the other side did not simply "cave" upon receiving your complaint - in other words, you may wish to conduct discovery as well to learn about the other side's case.  How do you go about this?

In California, there are the following types of discovery: form interrogatories (official statutorily created questions that allow you to ask certain "common" questions with the check of a box); special interrogatories (you get to create your own questions that are in addition to the form interrogatories) - you get up to 35, but may be entitled to more (which is common); request for production of documents; and request for admissions (* - technically, not discovery, but has a similar effect).  Now, there are also other methods, including depositions - oral and written; independent medical examinations (known as IME's), and property inspections.

In each of the foregoing types of discovery, there are pros and cons associated with each.  Form Interrogatories are basic, simple, and universal.  However, there is legal authority that limits the ability to obtain full responses, even to form interrogatories.  The key to discovery is to have a plan of action early in your case.  Discovery procedures can be both time consuming and costly, very costly.  In addition, depending on the responses provided, the other side may object to the responses given, and demand that either more complete responses be provided or else a formal motion will be brought in court to compel such responses.  Sometimes, a court will order sanctions against the responding party as well.

Discovery is a critical tool utilized in the litigation process to both acquire information in formulating your case (whether plaintiff or defendant) as well as to create work and expense to the parties in an effort to push one side or the other into possible early resolution.

I've only grazed this issue, and hope to elaborate on the specifics of discovery down the road.

Stay Dry!