Discovery Methods and Scope

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Introduction

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Discovery Methods and Scope

Discovery practice is designed to ensure that each side is fully aware of all the facts involved in the case and of the intentions of the parties. Typically, the least expensive method of discovery is to present a series of written questions to the opposing parties. These questions, called interrogatories, must be answered by the party receiving them. After answers to the interrogatories are received, either party might ask the other to produce specific documents, called request for production of documents, that are important to the lawsuit's outcome. For example, a buyer of merchandise who is suing the seller can request that this defendant produce the original sales contract that contains certain warranties covering the merchandise.

Another method of discovery is a deposition. In a deposition, the lawyer orally asks questions of the possible witness and an oral response is given. All the spoken words are recorded by a court reporter, and a written transcript is prepared. In this way, a permanent record of the anticipated testimony is created. With depositions, lawyers seldom need to ask a question during a trial to which they do not already know the answer. Finally, either party may request the other to admit that certain issues presented in the pleadings are no longer in dispute. The request for an admission narrows some issues and makes settlement more likely.

CONCEPT REVIEW:

Discovery aids trial preparation by permitting the parties to learn how a witness will answer questions prior to actual questioning at the trial. Discovery provides a "dress rehearsal" for the trial. Even more important, discovery narrows the issues disputed by the parties. In this way, discovery encourages the settlement of the lawsuit, thereby avoiding the actual trial.

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