How do I get documents or other evidence from the other party?

Discovery is the formal process by which documents or other evidence can be obtained from the other party in a lawsuit. The most common forms of discovery are:

Interrogatories – a set of questions direct to the other party about any matter that is relevant to your case.

Request for Production of Documents – a set of questions inquiring as to the existence, description, condition, location, and contents of documents or other tangible things.

Deposition – informal testimony taken outside of a trial, under oath, and subject to cross-examination by opposing counsel. This testimony may be used at trial as evidence.

The discovery process is intended to help narrow the issues and save costs associated with litigation. Discovery is not necessary in every case, although almost all cases will involve some sort of initial disclosures because of new discovery rules as of January 1, 2021. The decision to conduct additional discovery, and the extent to which it will be conducted, will be dependent upon the facts and issues of each individual case.

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