Civil Litigation-Discovery
Once the answer to the complaint has been filed, most civil claims allow for what is called discovery. Discovery is designed to allow each party to ask the other party what they know about the claim that has been asserted, who any relevant witnesses may be, and to identify any relevant documents. Discovery may come in several different forms.
It may come in the form of written interrogatories, consisting of written questions that either party may send to the other. These have to be answered in writing and under oath. The discovery may also consist of requests for documents and inspection, meaning that the party issuing the request wishes to see documents in the possession of the other party, or may wish to inspect certain things in the custody or control of the other party.
In addition, there may be requests for admissions, which are written statements the other party is required to either admit or deny. The purpose of requests for admissions is essentially to narrow the issues of contention in the case so that each party knows exactly what they are fighting over.
There may also be depositions allowed. A deposition is an oral examination that is conducted in the presence of a court reporter. The purpose of a deposition is to have an opportunity to orally examine the other party or witnesses so that there are no surprises at trial. The overall purpose of this discovery process is to make sure that each side has ample opportunity to discover the claims or defenses of the other party so that at the time of trial, each party is fully aware of what the other party intends to present.
