| After a lawsuit is filed, both the plaintiff (the person or company suing) and the defendant (the person or company being sued) can engage in a process called discovery. Discovery is conducted before trial. The purpose of discovery is to allow a party to learn more about the pertinent facts of the case and the other party's evidence. The main tools used in the discovery process are depositions, interrogatories, and requests for documents.
Information Subject to Discovery
The scope of discovery is very broad. Basically, any information or material that is relevant to the case or that is likely to lead to relevant evidence is subject to discovery. Also, a party can discover the identity of witnesses and expert witnesses that the other party plans to call at trial. Certain information is not subject to discovery. Privileged information and the work product of the opposing party's lawyers (the lawyer's written observations, theories, opinions, conclusions, and research) do not have to be disclosed. Privileged information includes communications (oral and written) made by a person within a protected relationship. The law recognizes various privileges including the attorney-client privilege, the priest-penitent privilege, the psychotherapist-patient privilege, and the privilege against self-incrimination (a person cannot be required to disclose information that might be used against him or her in a criminal case).
Depositions
At a deposition, a party or a witness appears at a scheduled time and answers questions under oath. The questions are posed by the opposing party's lawyer.
Interrogatories
Using the discovery tool of interrogatories, a party sends written questions to the other party. The questions are answered in writing under oath.
Requests for Documents
Using the discovery tool of requests for documents, a party sends a request to the other party to turn over specific papers and documents.
Motions to Compel Discovery
If a party refuses to show up for a deposition, answer interrogatories, or produce the requested papers and documents, the party seeking discovery can file a motion with the court for an order directing the refusing party to respond to the discovery. Failure to comply with the court's order will result in discovery sanctions, which can range from fines to issuance of a judgment or to dismissal of the lawsuit.
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