Discovery

After the pleadings, parties then use various pretrial procedures in order to unearth knowledge in the other party’s possession, or in the possession of witnesses. Discovery, however, is not designed to allow a party to discover their opponent’s legal strategy, and there are several safeguards and sanctions available to courts and parties to ensure proper discovery.

Some discovery tools available to the litigator are:

A. Depositions

Used to orally interview witnesses.

B. Written Interrogatories

Used to compel written answers to submitted questionnaires.

C. Subpoenas Duces Tecum

Used to compel production of documents in a witness’s possession.

D. Medical Examinations

Either physical or psychological, it must be for a specific and necessary purpose, such as determining the extent of injuries, or determining mental capacity.