Weston Law Firm, P.A.
Discovery and Depositions
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Discovery
Discovery generally refers to the methods by which the parties to a lawsuit exchange information about the case prior to trial. The goal is to ensure that each side has notice of the testimony and evidence that will be presented at trial, so that neither side will be unfairly surprised at trial.
Some of the general forms of discovery are as follows:
Depositions
A deposition is live testimony given before a court reporter (stenographer). It is usually conducted in one of the attorney's offices. The attorney who scheduled the deposition will ask the person being deposed questions relevant to the case, after which the other attorneys present will have their own opportunity to ask questions. If a party (a Plaintiff or Defendant) in the case does not have an attorney, they will likewise be given the opportunity to ask questions if they wish. Deposition testimony is sworn testimony, which has the same force and effect as testimony given at trial.
The court reporter records everything being said at the deposition word for word. The reporter then produces a written transcript containing everything that was said at the deposition. The transcript can be used at trial to impeach (point out an inconsistency in) the testimony of the person who gave the deposition. For example, if the person who gave the deposition said they were traveling 50 miles per hour when they testified at the deposition, but testify at trial that they were only going 30 miles per hour, the opposing attorney may impeach that person by pointing out the differences in their testimony as to their speed.
Interrogatories
Interrogatories are written questions directed to a party (the Plaintiff or Defendant) by an opposing party in the lawsuit. They generally ask for information like the names of everyone who may have information relevant to the case (such as the parties, their witnesses, and experts), identification of all relevant documents in the possession of the party (such as statements, photographs, reports, and medical records), background and biographical information for the party (date of birth, education, driving record, medical history, etc.), and other specific facts relating to the case (such as a description of the accident or injuries sustained). The goal is once again to make sure that each side knows what testimony and evidence the other side may present at trial.
Requests to Produce
Requests to produce are written requests directed to a party (the Plaintiff or Defendant), asking the party to produce copies of all documents, photographs, and other written or tangible evidence in their possession which may be relevant to the case. Requests to produce are intended to allow each side to know exactly what documents or tangible pieces of evidence might be used by the opposing party at trial.
Discovery generally refers to the methods by which the parties to a lawsuit exchange information about the case prior to trial. The goal is to ensure that each side has notice of the testimony and evidence that will be presented at trial, so that neither side will be unfairly surprised at trial.
Some of the general forms of discovery are as follows:
Depositions
A deposition is live testimony given before a court reporter (stenographer). It is usually conducted in one of the attorney's offices. The attorney who scheduled the deposition will ask the person being deposed questions relevant to the case, after which the other attorneys present will have their own opportunity to ask questions. If a party (a Plaintiff or Defendant) in the case does not have an attorney, they will likewise be given the opportunity to ask questions if they wish. Deposition testimony is sworn testimony, which has the same force and effect as testimony given at trial.
The court reporter records everything being said at the deposition word for word. The reporter then produces a written transcript containing everything that was said at the deposition. The transcript can be used at trial to impeach (point out an inconsistency in) the testimony of the person who gave the deposition. For example, if the person who gave the deposition said they were traveling 50 miles per hour when they testified at the deposition, but testify at trial that they were only going 30 miles per hour, the opposing attorney may impeach that person by pointing out the differences in their testimony as to their speed.
Interrogatories
Interrogatories are written questions directed to a party (the Plaintiff or Defendant) by an opposing party in the lawsuit. They generally ask for information like the names of everyone who may have information relevant to the case (such as the parties, their witnesses, and experts), identification of all relevant documents in the possession of the party (such as statements, photographs, reports, and medical records), background and biographical information for the party (date of birth, education, driving record, medical history, etc.), and other specific facts relating to the case (such as a description of the accident or injuries sustained). The goal is once again to make sure that each side knows what testimony and evidence the other side may present at trial.
Requests to Produce
Requests to produce are written requests directed to a party (the Plaintiff or Defendant), asking the party to produce copies of all documents, photographs, and other written or tangible evidence in their possession which may be relevant to the case. Requests to produce are intended to allow each side to know exactly what documents or tangible pieces of evidence might be used by the opposing party at trial.
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