Discovery is the stage of a lawsuit when each side obtains information from the other. It reduces surprises and helps parties evaluate settlement.
Common discovery tools
- Interrogatories: written questions answered under oath.
- Requests for production: requests for documents and things.
- Requests for admission: statements you must admit or deny.
- Depositions: sworn out-of-court testimony taken by lawyers.
- Subpoenas to non-parties for records or testimony.
Your duties
You must respond truthfully and on time. You can object to requests that are overly broad, privileged or not relevant. Failing to respond can lead to sanctions, including losing your case.
How to respond
- Note the deadline, often 30 days.
- Collect all relevant documents and messages and preserve them.
- Answer clearly and accurately.
- State objections in writing.
- Keep copies of what you send.
Protecting privacy
Courts can limit discovery with protective orders to shield sensitive information such as medical or financial records. Ask a lawyer if you receive a request that seems too invasive.
Frequently asked questions
Is discovery required in small claims?
Usually not. Formal discovery is limited or unavailable in small claims court.
What if I deleted a message?
Deleting relevant evidence after a dispute begins can lead to serious penalties.