Discovery process is a way that once you initiate a case, and in some instances, depending on your case, there may be rules that allow you to have pre-litigation discovery, which means that before you file a lawsuit, you can actually obtain certain documents.
For the purposes of this video and generally speaking, we’re going to talk about discovery when it comes to basic cases like, for example, family divorces or breach of contract cases that you are initiating in civil court.
The process of discovery is done for three practical purposes, now the first is to narrow down the issues of what’s actually in dispute. You want to find out what it is that the other party is not agreeing to base on whatever action you are bringing forward, and then on the other side, let’s say you’re defending an action or your name doesn’t defend it to the action you want to find out exactly what it is that they are accusing you of or saying that you did an what type of evidence that they have.
The second purpose of discovery is to obtain information about evidence that may or may not be used at trial. You want to know what we have; we want to know what they have to, so it goes by both parties. You don’t have to be the person bringing last to be able to go through the discovery process; rather, anyone that’s part of the lawsuit is entitled to this process of discovery, and you want to know what they are going to bring forward at trial. This is very important because if they have sufficient evidence, you may be inclined to settle the case, for example, or request for mediation to avoid having to go to trial. It really depends on your situation, and it also depends on what information and documents and their position are, and that’s why we have discovery.
Last but not least, the third reason why we have discovery is for evidence to be admitted into trial, so the second one was a little bit different because it is that exists that may or may not be used at trial then once it’s narrowed down you want to obtain evidence to actually use.
Remember that in order for you to use evidence at trial, that evidence has to be relevant; if it’s not relevant, then there’s no reason why it should be admissible, and then number two it has to have the tendency to prove or disprove what the issue in the case is. In order to determine whether an evidence that’s going to be used in trial whether it is relevant and then we want to know if this is going to be something that’s going to help prove or disprove the issues at trial.
Remember to make sure that whatever evidence you want to use is not protected by any type of confidential privilege.
The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with one of our attorneys today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.
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