What is discovery in civil litigation?
Discovery in civil litigation is the process of gathering evidence and information that supports or refutes claims before the trial. This includes gathering documents, interviewing witnesses, and obtaining sworn statements from parties involved in the case. Discovery helps both sides prepare for the trial and gives them an understanding of the facts and legal issues of the case. In Washington, the discovery process begins when one party serves the other party with a discovery request, which outlines specific requests for documents, answers to interrogatories, admissions of fact, and requests for physical or mental examinations. The other party then must respond to the discovery request by filing a response. Depending on the complexity of the case, the discovery process can take several months or even years to complete. During this process, parties may also engage in additional discovery activities, including depositions, requests for documents, requests for admissions, and written interrogatories. In some cases, parties may also engage in informal discovery procedures, such as informal discovery conferences, which are designed to “simplify discovery and to make it more efficient.” At the end of the discovery process, all parties involved must submit a “Certificate of Discovery” to the court, confirming that all discovery activities have been completed and all evidence has been shared. The court will then schedule a trial date, during which the parties will present their arguments and evidence.
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