Question: The Discovery Process in a civil case is important because it allows for both parties to have access to all of the facts surrounding their
The Discovery Process in a civil case is important because it allows for both parties to have access to all of the facts surrounding their dispute so they can make informed decisions during trial procedings. Discovery helps lawyers gather evidence that supports their clients case, allowing them to better prepare for trial and settle out of court if necessary. Types of evidence that can be discovered include anything a witness or party saw, heard, or did in connection with the dispute. Things that cannot be discovered include documents made in preparation for litigation. Great care should be taken in finding out what evidence opposing counsel has at their disposal. Discovery can be obtained through written depositions, interogatories, Request for Production, Examination of Persons, and Admissions, and oral depositions. The law in the state of Florida regarding Depositions in civil litigation is goverened by Florida Civil Rules of Procedure 1.310(a) which states: "After the commemcement of an a ction, any party may take the testimony of any person, including a party by deposition upon oral examination." Florida Rule of Civil Procedure 1.310 (b)(I) adds that a party wanting to take the deposition of any person shall give reasonable notice in writing to every other party in the action
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