Discovery is a pre-trial phase that allows both parties to obtain information from the opposing party. It enables the each side to know what evidence may be presented. It’s designed to prevent an ambush in which one side doesn’t learn of the other side’s evidence or witnesses until the trial, when there’s no time to obtain answering evidence. Common methods of discovery are:
- Depositions: An out-of-court statement given under oath by any person involved in the case.
- Interrogatories: Written questions given to the opposite party that are required to be answered in writing under oath.
- Subpoena: A court order compelling a person to testify of produce physical evidence, such as records or other documents for inspection.
- Defense Medical Exam (DME): This is sometimes also called an Independent Medical Exam (IME). It’s an examination done on the injured party by a physician chosen by the defendant’s insurance company and its lawyer
- Request for Admission: A Request for Admissions, also known as a Request to Admit, is a document to establish which issues are not in dispute by both parties. The purpose of these requests is to save time, money, and energy at trial arguing only over the things they disagree on. Therefore, many requests for admissions are pretty obvious and boring and include facts such as the defendant’s name and address.