What Discovery Is
Discovery is the formal pre-trial process where both parties in a lawsuit gather information from each other and third parties. The goal is to eliminate surprises at trial, allow both sides to evaluate case strength, and encourage settlement once full information is available.
Types of Discovery
- Interrogatories: Written questions answered under oath by the opposing party
- Requests for Production: Demands for documents, records, photos, and electronic data
- Depositions: Sworn oral testimony taken outside court, transcribed by a court reporter
- Requests for Admission: Requests that the other party admit or deny specific facts
- Independent Medical Exams: The defense can request a medical examination of the plaintiff
What Gets Discovered
In personal injury cases, discovery typically involves: the plaintiff's full medical history, prior injuries and treatment, employment records, the accident circumstances, any prior lawsuits, and expert opinions. The defense may subpoena medical records, employment records, and prior claim records.
Discovery Timeline
Discovery typically lasts 6-18 months in personal injury litigation, depending on complexity. Courts set discovery deadlines. After discovery closes, parties file pre-trial motions and eventually proceed to trial or settlement. Most cases settle during or after the discovery phase once each side knows the strength of the other's case.
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InjuryClaimSource is an educational resource. We are not a law firm and do not provide legal advice. Consult a qualified personal injury attorney for advice about your specific situation.