- For Attorneys
Discovery refers to the plaintiff and defendant getting information from each other and other people to use as evidence at trial. Discovery pleadings generally consist of the following: Requests for Production of Documents: These are written requests served on the opposing party's attorney requesting that documents relevant to the case be produced for inspection and copying. Requests for Admission: These are requests from one party to another to admit facts that are not in dispute so that the evidence produced at trial will basically include matters that are in dispute. Honest and complete responses can shorten the trial. Depositions: These are statements of the parties or potential witnesses taken under oath by a court reporter. Depositions are usually taken by a private court reporter (i.e., one not employed by a court) in the office of one of the lawyers. Depositions are used to pin down the testimony of witnesses and to find out what witnesses are going to say at trial. Courts are generally very liberal regarding what information is subject to discovery. It must be generally relevant in some way although, technically, courts will allow the parties to ask for anything that is reasonably calculated to lead to discoverable evidence.