Can the attorney get court ordered depositions prior to filing a lawsuit?
In a lawsuit, the term “discovery” refers to methods that the plaintiff and defendant use to get information from each other and other people in order to prepare for trial. The primary methods used are requests for production of documents, requests for admission, and depositions. Typically, the right of a third party to conduct a deposition falls under the rules of discovery when a lawsut is filed. While it is possible to request the court to order a pre-litigation deposition when information is at risk of becoming unavailable, the party seeking to take the pre-litigation deposition must set forth in some detail the substance of the testimony it needs to preserve.