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THE DISCOVERY PROCESS IN LITIGATION AND WHY DO WE NEED IT?

What is “Discovery” and Why Do We Need It?

If you have been a party to litigation, you may recall the term “Discovery.” In most lawsuits, there is a phase called “Discovery.” The discovery process involves an exchange of information between the litigants. There are entire sections of the Texas Rules of Civil Procedure governing discovery. This writing deals with actions filed in state court. While there are rules governing lawsuits filed in federal court, which are similar to the Texas Rules, the federal courts have much greater control over the process than do state courts – another blog.

When someone enters into litigation, as either a plaintiff or defendant, he has the right to request and receive certain information from the opposing party. For example, a defendant can ask the plaintiff to spell out the amount of claimed damages and the manner in which these damages are determined along with basic facts that support the causes of action pleaded. Likewise, a plaintiff can ask the defendant to describe his defenses and basic facts in support thereof. This level of discovery is basic and is appropriate in most every case.

As you can imagine, discovery requests need to be tailored to the facts and circumstances of the case. Most every case is appropriate for requests for documents, interrogatories (questions answered under oath), and requests for admissions (admit or deny statements). Discovery enables the parties to develop their respective cases through information sharing. However, discovery is limited in scope and quantity. For example, on a case valued at a few thousand dollars, extensive discovery is not warranted and a court, if asked, will likely limit discovery. Conversely, if a case is complex, involves multiple parties and there is a large amount of money at stake, in depth discovery is most likely warranted and will be allowed by the courts.

Another form of discovery is depositions. A deposition is a question and answer session of a party or a witness. Testimony is offered under oath just as if before the court with the same penalty of perjury possible. Testimony obtained in depositions can be used at trial or as evidence in certain motions. Timing of depositions can be crucial. Depositions can be expensive. So, the attorney needs to carefully analyze the case to determine if a deposition is warranted.

The discovery process can extend to post-judgment collection activities. For instance, a judgment creditor (one who has won a judgment against the defendant) can send the defendant discovery in order to determine the location and extent of assets available for satisfaction of the judgment. The defendant is obliged to respond to the discovery requests and can be held in contempt for failing to obey an order from the court compelling the defendant to respond to the discovery.

Discovery can be very expensive in terms of attorney fees. Therefore, it is a good idea to discuss the cost of discovery with your lawyer to determine if it will be cost effective. If you have been sued or are considering bringing litigation against either someone or an entity, consult a Houston TX Litigation Attorney and a Houston Texas Business Dispute Lawyer at Veritas Legal Group at 832-484-9015 or simply fill out the online form and a North Houston Business Attorney and Veritas Legal Group Litigation Lawyer will contact you to discuss your legal issue.