What is discovery in civil litigation?

Discovery is a process in civil litigation that allows each side to gain information from the other side. This process helps both sides of the lawsuit; the plaintiff can gather information to develop and support their case, while the defendant can respond to the allegations and build a defense. In North Carolina, discovery rules are set by the court. These rules provide for both sides to disclose any relevant facts or documents related to the dispute. This could include documents, such as contracts or other papers, or witness statements. Discovery also includes interrogatories. Interrogatories are questions sent by one side to the other party or to a witness, which must be responded to in writing and under oath. Each side in a North Carolina court action is allowed to submit 30 interrogatories, with exceptions made for certain cases. Depositions are also part of the discovery process. In a deposition, an attorney has the opportunity to question opposing witnesses under oath. They’re conducted out of court and usually in an attorney’s office. The deponent’s responses are recorded and can be used in court when the case goes to trial. Finally, requests to admit are also available during discovery. These are written requests sent by one party to the other, asking them to admit or deny certain facts that are in other documents, such as contracts or posts. Both sides must respond to the requests to admit within thirty days. Discovery is an important part of civil litigation and helps both sides develop their case. In North Carolina, the rules governing discovery are set by the court, including interrogatories, depositions, and requests to admit.

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