Discovery In Litigation

If the attempt to settle your case fails, a lawsuit is usually filed against the negligent party in a personal injury claim. The lawsuit is filed against the person and not against his or her insurance company.

In the old days, a party could hide the star witness, the surprise document or the winning legal theory from the opponent and then bushwhack them at the time of trial with these secrets. For the past 25 years or so, Arizona has required litigants to engage in full disclosure where it is mandated that we tell the opposition everything about our case, whether it be good or bad, helpful or harmful. If we fail to do this, we can be sanctioned by the court with anything from monetary fines to the dismissal of the case or legal defenses.

The newest form of discovery is a Disclosure Statement. This document is exchanged 30 days after the Defendant answers the Plaintiff’s Complaint. It includes, among other things, the factual basis of the claim, the legal theory or defense of the case, lay and expert witness identification, an itemization of trial exhibits and a computation of damages.

Other discovery tools:

• Deposition: Where a party or witness is questioned by the attorneys under oath. This can take place in person, telephonically or by video conferencing.
• Interrogatories: Are written questions asked by an opposing attorney to a party only.
• Request for Admissions: Written statements formulated by an opposing attorney that are either admitted or denied by a party.
• Request for Production: A request by an opposing attorney to the other party for the production of specific documents or categories of documents.
• Subpoena/Subpoena Duces Tecum: A court order secured by an attorney to obtain specific documents from a non-party such as a doctor or employer.

Discovery and disclosure are designed to fully inform the other side of your case, to enhance the possibility of settlement or to set the parameters of a trial.

If you or a loved one has been involved in a car accident, motorcycle accident or pedestrian accident, reach out to the experienced lawyers at Select Law. With our extensive experience in the legal field, we know what it takes to win your case. Call us at (425) 891-6691 to arrange your FREE CONSULTATION with an experienced attorney (in person, phone, zoom or your residence/hospital)

YOU PAY $0 UNLESS WE WIN YOUR CASE AND COLLECT MONEY FOR YOU.