What can be requested in discovery?
Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and …
Are discovery documents public record?
Unless the discovery documents become part of evidence, you can usually only use them for the purpose they are received for. Following the discovery process, you or the other side may be able to use the documents as evidence in open court. This means they will enter the public record.
What happens if the defendant does not give me responses to my discovery requests?
Without this “Answer” the court will enter a judgment against the person being sued. This is called a default judgment. When the court “strikes” pleadings, the Court essentially erases the “Answer” and the result is the same as being in default.
What happens after a discovery?
After the discovery phrase is completed, the parties generally reevaluate their positions and decide whether they should try to settle the matter. If the parties are unable to settle the lawsuit, they move to trial.
What is the purpose of a discovery?
Discovery enables the parties to know before the trial begins what evidence may be presented. It’s designed to prevent “trial by ambush,” where one side doesn’t learn of the other side’s evidence or witnesses until the trial, when there’s no time to obtain answering evidence.