What is the discovery stage of civil procedure?
The discovery stage of civil procedure is an important process that occurs between the filing of a lawsuit and the trial. This stage allows both sides to exchange information so that all relevant facts and evidence can be presented during the trial. In Mississippi, the discovery stage is governed by the Mississippi Rules of Civil Procedure. During discovery, parties can request information from one another through the process of written discovery, which includes interrogatories and requests for production. Interrogatories are written questions used to obtain information from the opposing party that cannot be obtained through other forms of discovery. Requests for production are written requests for documents or tangible items in the possession of the opposing party. Parties can also conduct depositions, which are out-of-court interviews where the other party is questioned under oath. During a deposition, attorney’s from both sides can ask questions and discuss potential evidence. This evidence can be used during the trial. Finally, parties can request physical or mental examinations of the other party to obtain evidence. The court can also order its own independent examination if it believes it is necessary. Once all the discovery is complete, the parties can move to settlement discussions or trial preparation. This process is necessary to ensure the trial is fair and that each party has the opportunity to present their case.
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