Can the attorney get court ordered depositions prior to filing a lawsuit?
Full Question:
I want to hire an attorney to file a civil lawsuit and what I want to know is can the attorney get court-ordered depositions prior to filing the lawsuit to strengthen the case, or does the attorney have to file the lawsuit first and then get the court-ordered depositions?
07/28/2009 |
Category: Discovery ยป Depositions |
State: South Carolina |
#17848
Answer:
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.
