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What is Discovery in a Civil Lawsuit?

Discovery is the process in every civil lawsuit by which the parties can obtain relevant information from each other to help in their claims and defenses.

The procedure differs a little in federal vs. state court, but the fundamental principles are the same.  All parties have an obligation to provide information that is relevant to the lawsuit and reasonably requested by the other side.

It is important to know two things: (i) the discovery obligations apply whether the information is helpful to your case or not; and (ii) you have a duty not to destroy or discard relevant evidence once you know litigation is likely.

This can be hard for some people to get their head around, but remember these rules apply to the other side, as well.

There are three basic kinds of discovery:
  • Written discovery: these are written questions that must be answered in writing, as well as requests for production of relevant documents.  Your attorney will advise you on whether any of the requests are outside the scope of the dispute or otherwise objectionable.
  • Depositions: witnesses with knowledge will need to give deposition testimony during discovery.  This is sworn testimony, but not in court.  Traditionally it took place in one of the lawyers' offices.  Currently, some attorneys are choosing to continue using the videoconferencing technology that we used during the pandemic.
  • Expert discovery: if there is a need for expert testimony in a case (and often there is not) there will usually be a separate period of time for the parties to request and review discovery relevant to the other sides' expert's testimony.

Learn more here about what to expect as a defendant in a civil lawsuit.

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What is Discovery in a Civil Lawsuit?

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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog