This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
However, most personal injury cases settle before trial. Instead, they may offer the settlement well after the trial starts. This typically happens after discovery, but it may even happen after the jury reaches a verdict.
Disclosure is accomplished through a methodical process called "discovery." Discovery takes three basic forms: written discovery, document production, and depositions.
Formal Written Discovery is written questions and requests for documents. It's a time-consuming process, but necessary to gather the evidence we need for a final trial. This is where we ask questions and request documents from the other party, who must answer them under oath and with detail.
The very first step in any discovery process is typically a kickoff meeting. If you're working one-on-one with a client, this meeting is just between you and your client.
You or your lawyer may file a motion for discovery to request that the state produce evidence it plans to introduce at trial. Your lawyer needs to know the type of evidence the state will use against you at trial so that they can properly prepare for your case.
Depositions are probably the most powerful discovery tool. Depositions, however, can be extremely expensive and are not always necessary or appropriate. Depositions should not be taken as a matter of course.
When a party requests documents or answers to questions from the opposing party in a lawsuit, you must do so in the form of a Motion for Discovery. A Motion for Discovery may be filed with the Court via E-File, Email, in person, or by US Mail.
In certain cases, you might be able to write a letter to the other side and request the documents that you need. However, in more formal cases, you will likely have to draft more formal discovery demands. There are usually forms available for this in local law libraries, from the court clerk's office, or online.
The definition of “discovery” in law is the exchange of legal information and known facts of a case.