THE DISCOVERY STAGE OF A LAWSUIT
Discovery refers to the rules that facilitate the process by which a party to a lawsuit gathers information about the claims and defenses of other parties. Documents and other evidence can be obtained through a variety of methods during the discovery phase of litigation. Common methods of discovery include: (1) interrogatories; (2) requests for production of documents; (3) requests for admissions; and (4) depositions.
An interrogatory is a written question from one party to another that must be answered under oath. From a practical standpoint, however, lawyers usually draft the responses to interrogatories. Requests for production of documents are written requests that require a party to produce documents, including electronic documents. Notably, just because a party does not have physical possession of a requested document does not excuse a party from producing the document. A party is obligated to produce not only what is in its physical possession, but also what is under its control. A request for admission is a statement sent by one party to another for the purpose of having the party admit or deny the statement. Requests for admission are often an efficient way to narrow disputed issues or to have the opposing party authenticate important documents. Depositions are perhaps the most useful discovery tool. A deposition is out-of-court testimony of a witness, under oath, that is reduced to writing for later use in court or for discovery purposes. Deposition testimony, under questions from a skilled trial lawyer, can reduce the chances that a case will go to trial, thus greatly reducing overall litigation expenses.
During discovery, parties may obtain information regarding any unprivileged matter which is reasonably calculated to lead to the discovery of evidence relevant to the subject of the litigation. It is not grounds for objection that the information sought will be inadmissible at the trial. The information sought must simply appear reasonably calculated to lead to the discovery of admissible evidence, a very broad test indeed.
Even though parties have a wide range of latitude with respect to what information they can seek during discovery, certain information is protected from discovery under Washington law. The protected information, or privileged information, relates to communications that arise out of the certain relationships such as: attorney-client; husband-wife; and physician-patient. Under the attorney-client privilege, a lawyer shall not, without the consent of his client, be examined as to any communication made by the client to the lawyer. Thus, a party should be encouraged to fully disclose all important facts to his lawyer so that the lawyer is best able to zealously represent his position. Full disclosure of all facts is, in my experiences, a difficult concept for some foreign clients to understand and follow. They fear that such discussions will somehow be conveyed to the adversary or others. However, if the lawyer is not aware of all key facts, it will cripple his ability to represent the client. And in any event, professional rules and law make it very unlikely that such frank discussions with your lawyer would ever be disclosed in court or otherwise.
An interrogatory is a written question from one party to another that must be answered under oath. From a practical standpoint, however, lawyers usually draft the responses to interrogatories. Requests for production of documents are written requests that require a party to produce documents, including electronic documents. Notably, just because a party does not have physical possession of a requested document does not excuse a party from producing the document. A party is obligated to produce not only what is in its physical possession, but also what is under its control. A request for admission is a statement sent by one party to another for the purpose of having the party admit or deny the statement. Requests for admission are often an efficient way to narrow disputed issues or to have the opposing party authenticate important documents. Depositions are perhaps the most useful discovery tool. A deposition is out-of-court testimony of a witness, under oath, that is reduced to writing for later use in court or for discovery purposes. Deposition testimony, under questions from a skilled trial lawyer, can reduce the chances that a case will go to trial, thus greatly reducing overall litigation expenses.
During discovery, parties may obtain information regarding any unprivileged matter which is reasonably calculated to lead to the discovery of evidence relevant to the subject of the litigation. It is not grounds for objection that the information sought will be inadmissible at the trial. The information sought must simply appear reasonably calculated to lead to the discovery of admissible evidence, a very broad test indeed.
Even though parties have a wide range of latitude with respect to what information they can seek during discovery, certain information is protected from discovery under Washington law. The protected information, or privileged information, relates to communications that arise out of the certain relationships such as: attorney-client; husband-wife; and physician-patient. Under the attorney-client privilege, a lawyer shall not, without the consent of his client, be examined as to any communication made by the client to the lawyer. Thus, a party should be encouraged to fully disclose all important facts to his lawyer so that the lawyer is best able to zealously represent his position. Full disclosure of all facts is, in my experiences, a difficult concept for some foreign clients to understand and follow. They fear that such discussions will somehow be conveyed to the adversary or others. However, if the lawyer is not aware of all key facts, it will cripple his ability to represent the client. And in any event, professional rules and law make it very unlikely that such frank discussions with your lawyer would ever be disclosed in court or otherwise.