St. Denis & Davey, P.A.

Legal Malpractice Issues

What is the legal discovery process?

| Dec 4, 2018 | Legal Malpractice Law |

The legal discovery process refers to an attorney gathering evidence in preparation for a trial. Discovery involves both the attorney’s client as well as the other party involved in a suit, which helps legal counsel bring together their case. Live About explains how discovery works so you can rest assured that your legal team is navigating the process appropriately.

There are five basic steps to recovery. The first is disclosure, which entails both attorneys providing a list of requested items. Evidence used in the trial must be disclosed, and it must be provided within 30 days. The next step involves interrogatories, which are questions. Your attorney will provide a limited amount of questions to the opposing counsel, which must be answered within 30 days.

After this, your attorney will prepare and receive an admission of facts. It’s up to each party to read through these facts and dispute or approve each one. As an example, divorce cases involving infidelities often involves facts about dates and times during which the other party was having an extramarital affair. Request for production will happen next, which each party uses to request pertinent documents like bank statements, income reporting, and other documents.

The last step in discovery is the deposition. Depositions take place within an attorney’s office and involves asking questions under oath, which are either transcribed or videotaped. Deposition answers play an important role in the subsequent trial. For instance, if a witness has problems remembering some portion of their testimony, the transcript can be read for clarification. It can also stand in for a witness who is unable to attend a trial, which is why video depositions are becoming more and more popular.