What Is the Discovery Process During Business Litigation?

 Posted on May 11, 2022 in Litigation

When business disputes need to be settled in the courtroom, the plaintiff and defendant will both need to be sure they have all the information they need to address the issues raised in their case. After a lawsuit is filed, the case will enter the discovery phase, and the parties will gather relevant information from each other or from other parties. Understanding the procedures that may be followed during discovery will help a person ensure that they are taking the correct approach to achieve success in business litigation.

Methods Used During Discovery

Information that may affect a case may be obtained in multiple ways, including:

• Interrogatories - One party may send written questions to the other party, asking for details about certain issues. These questions may be open-ended, or they may be specific. For example, one side may send the other a request to admit certain facts to ensure that these issues will not be in dispute during a trial.

• Depositions - A person may be asked to answer questions after being placed under oath. In addition to the plaintiff and defendant, other parties may be asked to give depositions, including witnesses or people who were present during events discussed in a case. These interviews will typically be recorded or transcribed. The information gained during a deposition may affect how the parties will proceed during the trial, especially if testimony provided during a trial differs from what a person said during a deposition.

• Subpoenas - Either party may request that the other party produce certain documents relevant to the case, such as financial records or emails. They may also seek information from third parties who can provide details about actions or communications by the plaintiff or defendant. If a person refuses to provide any requested information, the plaintiff or defendant may seek a court order known as a subpoena that will require them to produce documents. A judge may agree to issue a subpoena if a party provides them with a convincing reason that the information requested is relevant to the case.

When a person provides information during the discovery process, they are considered to do so under oath, meaning that they swear that all information is true and complete to the best of their knowledge. While a judge may oversee the discovery process, they will usually not take an active role unless the parties disagree about whether certain information should be provided. For example, a defendant may state that turning over certain documents would violate a confidentiality agreement with a third party. In these cases, the judge may rule on whether a party will be required to provide requested information or whether any methods may be used to protect confidential or proprietary information.

Contact Our Oakland Park Business Litigation Discovery Lawyer

Pursuing or defending against a civil lawsuit can be a complex process, and business owners will need to work with an experienced lawyer to ensure that all legal issues will be addressed correctly. The Elliot Legal Group, P.A. can provide strong representation during all phases of the litigation process, including ensuring that the proper methods will be used during discovery and providing guidance on how a person can protect their rights during a deposition. Contact our Hollywood, FL business litigation attorney at 754-332-2101 to get effective representation during legal disputes.

Sources:

https://www.thebalancesmb.com/discovery-process-in-business-disputes-4150434

https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/discovery/

https://thebusinessprofessor.com/en_US/criminal-civil-law/steps-discovery-process