Discovery under Civil Procedure
Sure! Here's a clear and concise overview of Discovery under Civil Procedure:
Discovery in Civil Procedure
Definition:
Discovery is the pre-trial process by which parties to a civil lawsuit gather information and evidence from each other to prepare their cases. It aims to prevent trial by surprise and encourage fair settlements.
Purpose:
To exchange relevant facts and evidence
To narrow the issues for trial
To preserve testimony and documents
To promote settlement or efficient resolution
Types of Discovery Methods:
| Method | Description |
|---|---|
| Interrogatories | Written questions sent to the other party, answered under oath. |
| Depositions | Oral questioning of parties or witnesses under oath, recorded by a court reporter. |
| Requests for Production | Requests to produce documents, electronically stored information (ESI), or tangible items. |
| Requests for Admission | Requests for the opposing party to admit or deny certain facts or the authenticity of documents. |
| Physical or Mental Examinations | Ordered when a party’s physical or mental condition is in controversy (usually by court order). |
Scope of Discovery:
Broad and liberal: parties can request any non-privileged information that is relevant to any claim or defense and is proportional to the needs of the case.
Must be reasonably calculated to lead to admissible evidence.
Limitations and Protections:
Privilege: Certain communications (e.g., attorney-client privilege) are protected.
Work Product Doctrine: Materials prepared in anticipation of litigation are generally protected.
Relevance and Proportionality: Discovery requests must not be overly burdensome or irrelevant.
Protective Orders: Courts can limit discovery to protect confidentiality or prevent harassment.
Enforcement:
If a party refuses to comply with discovery requests, the opposing party can file a motion to compel.
Courts can impose sanctions for failure to comply, including fines, adverse inference instructions, or even dismissal of claims.
Example:
In a car accident lawsuit, the plaintiff may use discovery to obtain:
Police reports (requests for production)
Answers about the defendant’s driving history (interrogatories)
Testimony from witnesses (depositions)
Admission that the defendant was speeding (requests for admission)
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