Chapter 6 - Litigation Documents

6.8

Discovery

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  • Image of cartoon discussing Discovery

    INTRODUCTION

    Before we start, note that this portion of the manual is broken up into 4 separate Web support pages here.

    • §6.8 deals with Discovery in general
    • §6.8a deals with Interrogatories
    • §6.8b deals with Requests for Admissions
    • §6.8c deals with Requests for Production

    About Discovery Assignments
    Discovery is the exchange of information and potential evidence between parties prior to trial. Forms of discovery include:

    • Interrogatories
    • Requests for Admissions
    • Requests for Production and Inspection of Documents
    • Requests for Mental or Physical Examination
    • Depositions

    Parties must respond honestly to discovery requests. If a party fails to respond to a discovery request, the court can sanction (punish) that party. Discovery documents are not typically filed with the court.

    For this segment, you will use the same client facts that you used in preparing the complaint to prepare the following discovery documents:

    • One set of Interrogatories (minimum 20 questions)

    • One set of Requests for Admissions (minimum 20 statements)

    • One set of Requests for Production (minimum 5 requests)

    • One Deposition Summary (also called a Deposition Digest)

    Later in this chapter we will discuss the utilization of form books in the law library. You are encouraged to utilize these tools in creating your discovery documents.

    Demonstration: Discovery Documents

    One more note before we proceed
    The discovery process is very much based on the honesty and integrity of those involved, especially the legal representatives. You can help maintain that integrity. Don't falsify responses. Don't circumvent the process. Don't be part of the problem of burdensome litigation. Be part of the solution.


    Commonly Asked Questions . . .

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