What is the process regarding Discovery in Business Litigation Cases? Once a lawsuit is filed, the real work on the case begins. Both sides begin the process of gathering information relevant to the suit. This process is known as discovery. The discovery process is necessary for the proper preparation and organization of the case. Discovery consists of a number of different procedures that are used to build a successful case. It also provides for the sharing of some information with the other party.
The Discovery Process
Discovery is done by both parties as part of case preparation. The gathering of discovery materials may start immediately upon filing of the lawsuit and may continue until just before the trial begins. The client will assist his attorney throughout the process by providing access to documents and information necessary to put the facts of the case together.
Discovery is a fact-finding task, during which time the necessary witnesses, and those with knowledge, may be questioned. Interrogatories are formal, written questions that are required of the necessary parties. Depositions are legal interviews, which are done under oath. Depositions are recorded by a court reporter and the testimony may be used during the trial. Documentation is a major part of the preparation of a lawsuit. The client must be able to assist the attorney by providing the documents necessary for the case.
Expert witnesses may be required for trial. An expert witness is a professional who provides or validates information presented in the trial. Witnesses prepare in advance in order to give compelling and truthful evidence that helps the case. Your attorney will determine when such a witness is needed and will facilitate their testimony before trial.
Before the trial, parties may need the judge to clarify technical questions or resolve procedural disputes. Pretrial motions allow parties to request a ruling or action so that they may further prepare their case. For example, a motion may be made asking the court to exclude a specific piece of evidence from the trial.
Preparing for Trial
The discovery process is used to gather as much information as possible in preparation for trial. The length of the process depends on court schedules and the availability and scheduling of witnesses and depositions. In complex cases, the discovery process may be quite lengthy and detailed. Your attorney will utilize every available resource in order to organize a successful litigation.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Discovery in Business Litigation Cases, or any other litigation issues, please feel free to contact us at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.