What is the Discovery Process?

Discovery is the formal process in a personal injury lawsuit where both parties exchange information about the evidence and witnesses that each side will present at trial. This phase gives each side a better understanding of the case’s facts, so no one is caught off guard.

Methods of Discovery

There are several types of discoveries that take place in this phase.

Interrogatories

Written questions are sent from one party to the other, and they must be answered in writing under oath. These answers can be used in court to show the jury if witnesses change their responses during the trial.

Depositions

In-person questioning of the party involved or witnesses. Statements are given under oath, and as with interrogatories, the answers can be used as a reference in court when or if the people who testify change their statements. Also, a deposition can be read out loud as evidence to the jury if the deponent (person who was questioned) cannot be present during the trial.

Requests for Production of Evidence (RFP)

This is the most common method for obtaining documents from the other party. The request must clearly state which documents are needed. Examples of evidence commonly requested are medical bills, proof of lost income, property damage repair or replacement receipts, employment files, photos or video surveillance from the accident scene, etc.

Requests to inspect property or physical objects can also be submitted.

Requests for Admission (RFA)

To save time and money, a request can be made to the other party to admit under oath to specific undisputed or uncontested facts in a written statement. The facts, which both parties believe to be true, do not then have to be established at trial.

Information That Can Be Discovered

As a basic rule, any information related to an issue in the lawsuit can be obtained, even if it is only slightly relevant. Here are some examples of information often asked for in discovery:

• What witnesses saw or heard
• Background information on witnesses including personal, education, and professional experience
• Words exchanged at a specific time and place, such as at the scene of the accident
• Identities of people who may have information on the dispute
• Documents concerning the case

Limitations on Discovery

Almost any information can be discovered if it is related to a case, but there are some legal limits set to prevent prying into subjects that serve no legitimate significance.

Laws are in place protecting verbal or written information exchanged within the following relationships:

• Husband and wife
• Doctor and patient
• Attorney and client
• Religious advisor and advisee

Other personal information not connected to the case is protected as well, such as:

• Sexuality, sexual partners, sexual practices
• Health and body issues
• Immediate family relationships
• Spiritual or religious beliefs

The courts also limit the amount of information that can be found out about third parties, such as witnesses, coworkers, or the family members of each party to a lawsuit. Another option to protect privacy is requesting the court issue a protection order that keeps discovered information confidential and out of the public record. Protection orders are often granted for sensitive materials such as financial information, medications, or information belonging to a business.