What is discovery in civil litigation?
Discovery in civil litigation is a process during which each side in the lawsuit obtains evidence from the other side to prove their case. The process starts when each side gives the other side a list of documents, items, and information that they want. This includes documents like financial records and emails, items like products and videos, and witnesses. The other side is asked to answer questions or provide documents or items in return. The discovery process can involve both written and oral questions. Written questions are called interrogatories and are answered in writing. Oral questions are asked in a deposition, which is similar to a court hearing but takes place outside of court. The purpose of discovery is to give each side in a lawsuit the information they need to prove their case. The process of discovery can often be lengthy, but it ensures both sides have access to all of the evidence they need to make a decision. This avoids surprises later in court and gives each side the opportunity to better prepare their case.
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