What Is the Discovery Phase in Litigation?

The discovery phase in litigation refers to the pre-trial period during which the attorneys and the parties have the opportunity to find out what their positions are and what they are going to say regarding the case. Additionally, during this period, each party can use the so-called means of discovery, such as requests for production of documents or requests for admissions and depositions. Based on what happens during the discovery phase, parties can decide whether to settle the case or go to trial.

Since the 1940's, the federal court system has mandated disclosure of all relevant facts and documents to the other side before trial. This disclosure is accomplished through a methodical process called "discovery," which is a pre-trial procedure based on:

  • the exchange of documents, information, and records between the two lawyers
  • the interrogation of both sides
  • gathering your medical care files and expenses
  • materials that help to establish the lost income, property damage
  • photos that were taken at the scene of the accident and photographs of the plaintiff's injuries
  • police reports
  • insurance policies plus other relevant records that help your case

The discovery process should never be taken lightly. The opposing counsel will do everything in their power to challenge your story and win the case.

If your medical bills are more than thousands of dollars, you have missed work due to your injuries, or if you have a permanent injury, you need an experienced personal injury lawyer to deal with your case. Call The Law Offices of Sean M. Cleary in Miami.

For questions and free legal advice to help individuals please call us

305.416.9805
Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.