What is discovery in civil litigation?
Discovery is a critical part of civil litigation in New Mexico. It is the process wherein each side in the lawsuit can find out what information the other side has related to the dispute. This includes obtaining relevant documents, taking depositions of witnesses, and sharing evidence before the trial. The purpose of discovery is to give each side access to all information related to the case. This can include facts that may be beneficial to either side, and it also allows each party to anticipate the evidence of the opposing party. In New Mexico, the discovery process starts after the parties have filed a complaint, and the defendant has answered the complaint. The parties then file a joint discovery plan, which sets out the various tools that will be used to obtain evidence during the discovery process. These tools may include written interrogatories, also known as questions and answers, requests for admission, and requests for production of documents. Throughout the discovery process, each party must make a diligent effort to produce information and answer questions. If necessary, the court can get involved if the parties fail to comply with the discovery requests. At the end of the discovery process, each side can review all of the evidence that was disclosed. This allows them to prepare for the trial and assess the strengths and weaknesses of their case.
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