Civil Discovery Lawyers

What is Discovery?

Discovery is a part of a civil case before trial where both sides try to "discover" facts about the case held by the other side.  Each state has its own discovery rules, but most of them are modeled after the Federal Rule of Civil Procedure 26.  Each side can look into any matter that is relevant to the case, except that which is privileged.  These matters can include the custody or location of:

• Books,
• Documents,
• Physical things, or
• Identity of a person.

What is a Privileged Communication?

A priveleged communication has all three of the elements below.

1. Make a communication thinking it would not be seen by other people,
2. The communication is to someone like a lawyer or doctor, and
3. You did not make the communication to other people

What are the Tools in Discovery?

Lawyers and courts use four basic tools to conduct discovery:

Depositions

A deposition is when a witness to a case gives out-of-court testimony that will be put into writing and later used in court.

Interrogatories

An interrogatory is a written letter to the other side in a case, asking them to answer a question.

Request for Admissions

A request for admission is a written letter to the other side in a case, containing some fact which can be admitted, denied, or objected to.

Request for Production

A request for production is a written letter to the other side in a case, requesting specific books, documents, or physical things for inspection and copying.  They are sometimes referred to as document requests, notices to produce, or demand for document inspections.

Do I Need an Attorney for Discovery?

If you have reached to point in a civil trial where discovery will occur, or you are asked to respond to any of the tools of discovery, it is highly suggested that you contact an attorney because they will be able to explain things to you and help protect your rights.