What is discovery in civil litigation?
Discovery is a process in civil litigation that is used to gather evidence in a case. It’s purpose is to give each party the full scope of their opponent’s available evidence and to allow each side to prepare to present their case to the court. In New Jersey, discovery usually involves a series of written interrogatories, document requests, and depositions. Interrogatories are written questions sent from one party to the other. These questions are used to request information or an explanation of facts that are relevant to the case. The responding party must answer each interrogatory truthfully and answer in writing. Document requests are used to ask for relevant documents to be produced by the other party. This includes physical documents such as contracts, emails, or bank statements, as well as digital documents such as records from websites, emails, or photos. Depositions are statements taken under oath from any witness who may have information relevant to the case. The witness is asked questions by the parties involved in the case and the answers are recorded in an official transcript. This transcript is then used in the case. Discovery is a very important part of civil litigation. It allows both parties to have access to the same evidence and helps the court understand the full scope of the case. Knowing what evidence is available to each side helps the court make a more informed decision.
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