Types Of Discovery In Business Litigation

No matter what side you occupy in a business litigation matter, it is highly likely that the parties will take advantage of discovery tools as part of preparing for trial.

Despite its negative reputation as being an invasion of privacy, the process is essential for fairness and trial efficiency. Information is the basis for doing justice between parties to a business-related lawsuit.

Despite the term, this most common discovery tool extends far beyond information in document form. Parties can request a plethora of information in various formats, including:

• Electronic information and data;
• Drawings, graphs, and charts;
• Information captured in photo, audio, or video form; and
• Any details from which information can be accessed.

In addition, requests for documents can be used for purposes of inspection, measuring, and testing, when doing so is an appropriate approach for assessing a tangible item.

2. Written Questioning

This type of discovery is a set of questions that one party poses to another to obtain additional details, so a corporate officer or other stakeholder is typically in the position to provide answers. Note that answers to interrogatories are required to be given under oath, so there can be consequences for making false or misleading statements.

3. Deposition

In some cases, stakeholders may be required to appear for a deposition. This proceeding is basically an in-person interview where one attorney asks the deponent questions about the case. Your lawyer will also be present, and a court reporter will record the deposition. Answers are also given under oath and penalty of perjury.

4. Admission Requests

With this discovery tool, the point is to get a party to admit that certain facts are true or state that they are false. Requests for admission are effective in narrowing down the issues for trial, since there may be no disputes over certain facts. The critical point with these requests is that inaction can be devastating: If you do not respond by the deadline, the facts will be deemed as admitted.

5. Mental And Physical Exams

Medical exams may be necessary when a party’s health is a factor in a business lawsuit, such as cases involving workplace injuries, disability, discrimination, and related disputes.

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