During a legal battle, whether quick or prolonged, the evidence you are able to gather will have a direct impact on the outcome of your case. The process of discovery is the formal name for this during a lawsuit.
This process involves both sides going and gathering various forms of evidence and then presenting and discussing them to see what will be admissible. There are various rules surrounding discovery, such as needing to respond to discovery requests in 60 days, which can either make this a quick or a long process. Either way, learn everything about this process that you need to know in order to gather the most effective evidence you can.
What Is the Discovery Process?
As outlined, discovery is the formal name for the legal process of exchanging evidence between parties before a trial. This process ensures that both sides have access to relevant facts so that surprises are avoided in court. The point of this is to allow both sides to build an effective case for fairness.
The various types of evidence gathered and presented during this process include
- Documents including contracts, emails, and financial records
- Depositions such as sworn witness testimonies or medical bills
- Interrogatories including written questions answered under oath
- Any physical and/or digital evidence
Evidence can take varying shapes and forms, with the above just representing a small fraction of what may arise during the process.
Why Discovery Is Crucial in Legal Cases
Discovery is, without a doubt, one of the most crucial processes in legal cases. It serves to ensure fairness by requiring both parties to disclose relevant information, thereby stopping one side from withholding critical evidence.
The process also helps to strengthen legal arguments. By allowing attorneys to build a strong case based upon facts, as opposed to speculation, arguments will be more bulletproof. Discovery also identifies weaknesses in the opposing party’s case, which can give your own attorney a strategic edge.
The final way in which discovery is important is that it encourages settlement. Litigation is an expensive process, but many cases arrive at a settlement when both sides see the evidence that has been presented by the other party. This helps to reduce unnecessary court trials and fees. In fact, as of the most recent data, about 90-95% of civil cases end in settlement, with only one in twenty being solved through a court itself. This goes to show just how effective the discovery process is.
Common Challenges in the Discovery Process
Discovery as a concept may not sound challenging, but there are a myriad of issues that can lead to delays in the process. Uncooperative parties are the biggest cause for delays, as one side may refuse to provide the requested evidence, which requires intervention from the court itself.
Certain tactics like filing excessive objections or intentionally slow responses can also drag out the process. On top of this, handling a large volume of evidence can lead to more delays. Complex cases can see thousands of pages of documents that attorneys must carefully review and organize which takes time.
In the 21st century, digital evidence has raised new complications. Emails, texts, and social media powers are increasingly used in discovery, but they must be authenticated and preserved in accordance with the law in order to be properly admitted.
How Clients Can Help Their Attorneys During Discovery
As a client, there are a few ways you can assist your attorney to make the discovery process smoother. First and foremost, gather and provide any documents as soon as possible to avoid the initial cause of delays. It’s best to keep your financial records, contracts, or any other relevant documents organized so that you can reference them right away.
Additionally, always be completely honest and transparent with your lawyer. By fully disclosing things you will be able to prevent legal setbacks and surprises in court. You should also prepare for depositions by learning what the process entails, along with the importance of answering any questions truthfully, without speculation.
Bolster the success of your lawsuit
Discovery is undoubtedly one of the most important parts of a lawsuit. By gathering and preventing evidence, both sides can begin to build a case that is founded on facts and not speculation. A well-conducted discovery phase will make a legal case stronger and lead to a better outcome all around. To that end, cooperate fully during this process to avoid any slowdowns and speak with your lawyer as soon as possible if you have any questions about what you should be expecting during the process.
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