The Discovery Process During Litigation

Evidence for trial is gathered during litigation through a court approved process called discovery.  The discovery process includes formal procedures for gathering information and investigating your claim.  Each information gathering technique involves different rules that must be followed.

The first information gathering technique involves the use of interrogatory questions and Requests to Produce.  Interrogatories are written questions sent to the other side in a lawsuit.  Requests to Produce are formal requests for the other side to give you documents in their possession.   The person receiving the Interrogatories or Request to Produce has 30 days to provide written responses.  We have created a set of interrogatory questions and Request to Produce for each type of Florida personal injury case we handle that are designed to get as much information as possible.

Another information gathering technique involves taking depositions.  A deposition is an in person question and answer session that requires the person answering the questions to swear or affirm to tell the truth.  The attorney asks all the questions and the witness must answer them.  A court reporter takes down everything that is said.  The court reporter then creates an official typed document that includes all the questions and answers.  This document is called a deposition transcript.