What is the discovery period in a personal injury case?
The discovery period in a personal injury case is the time period before the trial in which both sides are legally allowed to investigate the facts of the case. In Delaware, the discovery period typically begins when the personal injury lawsuit is filed and ends before the start of the trial. During this period, both sides of the case can use a variety of methods to uncover information about the case, including interviewing witnesses, obtaining documents, and taking depositions. In Delaware, the discovery period is usually six months, but the length of time can be extended based on the complexity of the case or if the parties can’t agree to a settlement. During the discovery period, both sides of the personal injury case must exchange information with each other to prepare for the trial. The information required to be exchanged includes any reports and documents that could be used as evidence. In addition, both sides can also request that the other conduct depositions, which are sworn statements from parties to the case, witnesses, and other individuals with relevant information. After the discovery period, the parties can enter into negotiation to reach a settlement or prepare for the trial.
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