What is discovery in civil litigation?
In civil litigation, discovery is a process that takes place in order to identify facts and evidence relevant to a lawsuit. During the discovery process, parties to the lawsuit collect and exchange information that could help prove or disprove one side’s claims. In New York, the rules of civil procedure guide the discovery process. These rules describe the different types of discovery that may be conducted, such as interrogatories, requests for admissions, and depositions. Interrogatories are questions that one party serves on the other party in writing. These questions must be answered in writing under penalty of perjury. Requests for admissions are documents that require a party to either admit or deny a certain statement of fact. Finally, depositions are sworn testimony taken out of court, often in the form of an oral examination. The discovery process allows both sides to become familiar with the facts and evidence of the case. It also allows a party to determine whether the opposing party has any additional evidence that could be helpful. Moreover, discovery can help parties negotiate a settlement, as it gives each party an opportunity to assess the strengths and weaknesses of their case. Overall, discovery is an important component of civil litigation in New York. It helps parties find out the relevant facts of the case and helps them prepare for court proceedings.
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