Info in Discovery

What information can an opposing party request in discovery?

The term “discovery” refers to the stage in a lawsuit before trial where each party investigates the case and collects evidence through various discovery methods permitted by the Idaho Rules of Civil Procedure (or the set of rules that apply to the jurisdiction where the lawsuit has been filed). Some of the most common methods of discovery include requests for answers to interrogatories, requests for production of documents and things, requests for admissions, and depositions.

Interrogatories. An interrogatory is basically a written question addressed to the other party in the case asking about a specific topic (e.g. “Did you take any drugs on the day that the car accident occurred?”).  A party can ask open-ended questions with interrogatories and the rules limit the use of interrogatories to a total of 40 (unless the court grants permission to increase that number for cause).

Requests for production. Requests for production of documents and things are simply requests that the other party turn over a particular document or piece of physical evidence (e.g. “Please provide a copy of all text messages that you sent or received on the day of the car accident.”). This procedure is usually how a party collects most of the documents and physical evidence in a case and the documents that will be utilized at trial. The Idaho Rules of Civil Procedure do not provide a limit on how many requests for documents and things a party may submit.

Requests for Admissions. A request for admission asks another party to admit or deny a carefully worded question (e.g. “Admit that you texted your spouse while you were driving home from work on the day of the accident”). Answers to requests for admission must be submitted to the other party within thirty (30) days or the statements will be deemed admitted. Because of this, it is important to respond to them within the thirty (30) day timeframe.

Depositions. In a deposition, a party’s attorney will take live testimony from a witness before trial. The witness must appear and testify under oath before a court reporter who transcribes (and in some cases records) the proceeding. Depositions are typically performed in an attorney’s office with the attorneys of all parties in attendance and typically the parties themselves. Unlike taking testimony at trial, there is no judge to rule on objections and the attorney asking the questions may ask questions that would not normally be allowed in a trial.  Objections may be made in depositions, but unless the objection is to the form of the question, or subject to privilege, the deponent will typically answer anyway subject to the objection. A judge may then later rule that the subject matter or the portion of the deposition transcript may not be used in the trial.

Other methods. Other discovery methods include physical and mental evaluations (common in personal injury cases to determine the extent of injuries), and entry upon land or other property for inspection or other purposes.

Discovery is complicated and it is wise to retain an attorney to help you navigate the process. If you are involved in a lawsuit and are in need of an attorney represent you, please contact the experienced attorneys at Brian Webb Legal for a consultation.