Discovery is one of the oldest legal tools still in use today. Discovery is defined as the “production of evidence by a witness.” In other common law jurisdictions, discovery is defined as “the discovery of a document, testimony, information or facts… to assist in determining an issue of fact for trial.” In civil litigation, discovery is a process in which a party obtains important information in order to litigate a dispute. Whether the information sought is witness testimony, medical records, etc., discovery is frequently an important part of the trial process.
Discovery is frequently utilized in connection with a claim and counter claim limitation. In the United States, discovery is one of the defenses to a motion to suppress where the plaintiff attempts to introduce previously unknown information about the opposing party. Discovery is also used in criminal litigation involving statements and depositions of witnesses, and admissible hearsay evidence. In a civil case, discovery can be used to obtain records concerning a party’s status, assets, liabilities and any proof that a party is not eligible to collect damages under specified statutes.
Discovery is generally defined as a party’s search for information. A party is not required to discovery another party. A party simply must request access to any information that is relevant to the claims in the action. Even if the information the party seeks is not admissible or does not have any relevance to the underlying claims, the party must still exercise due diligence in obtaining the documents. Discovery is conducted in two different ways: by a party or by a custodian, or by a third person not associated with either party.
When a party requests discovery, it is generally required that he or she comply with the applicable discovery procedures. Discovery is often used in lawsuits to determine liability; however, discovery can also be used to determine facts regarding any claim. Discovery can either occur before or after a lawsuit has been filed. In most cases, discovery is used in courtrooms to determine and receive discovery.
Discovery is divided into two different categories: independent discovery and compelled discovery. Independent discovery occurs as a result of a plaintiff or a defendant filing suit. An attorney can request information on a specific person that is relevant to the underlying case. Once the information is received, it is normally disclosed to the party for which it is relevant. Parties involved in this type of discovery generally consult an attorney to learn whether there is any confidential information that they must not disclose, or if they may need to hire a lawyer to protect their privileged information.
Certified discovery is another type of discovery that occurs in courtrooms. In this case, a party files a motion with the court requesting information directly from a third party. The party then requests that the third party to produce information that is relevant and admissible in court. Certified discovery is designed to protect confidential information that may be in the form of financial records or trade secrets. Generally, if a party can prove the existence of a confidentiality interest, they may be able to use this type of discovery to obtain information without having to first obtain a court order.
Obtaining discovery is often a lengthy and difficult process. Because discovery is used to gather evidence regarding a party’s damages or an issue in a lawsuit, it is often distributed to several different parties. Once a party obtains discovery, they must take it to the party against whom they are suing in order to obtain and evaluate it. Discovery is particularly challenging for small businesses, as many discovery requests are delayed and must be fulfilled in order to move forward with the case. This can create a financial burden for small business owners as well as keep them from serving their lawsuit properly.
The discovery process can be complex and time consuming for both parties. Therefore, it is important that parties who are engaging in a lawsuit to have an attorney who is experienced and skilled in what is discovery. An attorney will ensure that the litigation has proper support and will work closely with the client and the opposing party in an effort to determine the scope of discovery and the method by which the discovery will be utilized. If discovery is allowed to advance to too many parties before either party obtains a court order, the costs of discovery may become excessive. With an attorney on your side, you will be able to enjoy the full benefits of the litigation process without fear of being forced to spend excessive amounts of money or suffer undue hardship.