The discovery process is a crucial step in the litigation process. Discovery happens before the civil and criminal trials. The main goal of discovery is to gather facts helpful for a trial. 

Facts gathered through discovery serve as an important basis for trial strategy. Both parties go through the process of discovery; it is essentially a process where information is exchanged between parties before the beginning of a trial. 

Exchanged of information, and therefore, discovery is important to avoid trial by ambush. It gives room for both parties to give counter-evidence before the trial starts. Included in the discovery process is the collection of evidence like a witness’ testimony, as well as cross-examination preparation. 

The discovery process uses different devices including deposition, interrogatories, physical examination, as well as requests for production or admission of facts. 

Deposition

A deposition is an essential part of the discovery process and one of its most common methods. It is important in gathering information that may be sometimes used during the trial. The witness that provides testimony in a deposition is also known as the deponent. 

Some jurisdictions allow witnesses to bring documents along with them to help them properly remember and accurately give information helpful for the trial. In the U.S., most states allow any of the parties involved in the case to get the deposition or witness statement of the other party. Both parties are given the equal right to be present and hear the deposition. 

This is because each party has the right to cross-examine and provide counter-evidence of the witness statement of the other party. During the trial, if one party’s deposition doesn’t match what its witness says in court, the other party may discredit the witness. 

There are two types of deposition: oral and written. 

Oral Depositions 

During oral depositions, lawyers of both parties may be present. A witness is sworn under oath by a qualified person. During online depositions, a professional video court reporter can provide an accurate transcript of the witness’ testimony. 

Both parties have the right to question the witness during the deposition. A lawyer is not allowed to tell the witness what he or she is supposed to say during the deposition; neither can an attorney object against the question of the lawyer of the opposing party. 

A deposition is only admitted as evidence during a trial when it meets three criteria. One is when a witness provides the statement because he or she cannot be present in the trial. The second is when a deposition contradicts a witness’ statement during the trial. The third is when a witness makes an admission of something against his or her interest.  

Written Depositions

During written depositions, deponents are given written questions by parties. A deponent then answers those questions even without the presence of lawyers. However, lawyers rarely use this type of deposition because most of the time, it is hard to follow up on witnesses’ answers. 

Interrogatories                                                                      

If the lawyer of the other party wishes to get answers to written questions with a specific period, this lawyer submits interrogatories. Interrogatories require a witness to answer the written questions of the other party in writing, truthfully and under oath.  

The party submitting an interrogatory must give a precise set of questions that will get the necessary answer they need for the litigation.

Uses of interrogatories

Interrogatories are useful in elaborating notice pleadings and narrowing down events that are crucial during the trial. It can also be useful in identifying new witnesses and documents that need to be discovered. 

Most of the time, interrogatories are the best method of discovery to use in complex litigations. Interrogatories are more efficient and practical than depositions because answers to questions are less spontaneous and offer answers from both the opponent and his or her lawyers. In addition, accurate information backed by investigation, if necessary, is required from the opponent’s end while answering the written questions in interrogatories. 

Request for Production 

Request for production focuses on acquiring documents. One party sends a written request to the other party to provide physical evidence including physical papers or electronic files. Just like interrogatories, the party making the request for production must be very specific to avoid getting accused by the other party for being too broad in the request, therefore, qualifying them to object to the request.

Requests for Admissions of Facts

A request for admission is used by parties to establish facts even before going to trial. Some facts that may be crucial for the trial and need to be established before the trial include ownership of properties, addresses, and legal names of those involved. A request for admission is also useful in establishing document authenticity. 

Different methods and devices are used during discovery for one goal: to prepare both parties before the trial. Preparation is achieved by collecting information through witnesses, lawyers, agents, and documents alike.