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