Legal matters can vary in degrees of seriousness and complexity, whether in civil or criminal cases. Some matters are resolved quickly and are straightforward. Others can be more complicated and may drag on for weeks or months. In any case that goes to trial, both sides must undertake and follow important steps. The discovery phase is a critical component that allows the plaintiff and defendant to be prepared to argue in court. By delving into the intricacies of pretrial discovery, you can understand what requirements lawyers have and how this process benefits all parties involved.
An Overview of Pretrial Discovery
When a person or party sues another individual or organization, both sides will begin preparations to build their cases. If the two parties fail to resolve the matter outside of the courtroom, or if they decide this is not an acceptable option, the case will go before a judge and jury. Before the proceedings begin, both sides will be entitled to have all the facts and information in the case through a process called discovery. This stage ensures that the plaintiff and defendant and their legal counsel are aware of and have full access to all the essential elements of the matter. The process promotes fairness, minimizes the concealment of facts, and helps both sides prepare adequately for trial.
At the discovery phase, the plaintiff and defendant have the legal right to obtain evidence from the other. The plaintiff can be aware of witnesses that the defense has and vice-versa. Similarly, the defense can learn of the evidence the suing party has gathered. Discovery is also a step that takes place in some criminal cases. Lawyers will employ a few different methods for getting evidence and other relevant information for their case.
Deposition
One of the most common devices a lawyer will use is to hold a deposition at the discovery phase. At a deposition, the plaintiff or defense may take a witness’s sworn testimony of the events pertaining to the case. The difference between this and testimony from a witness during a trial is that in discovery, this testimony occurs outside of the courtroom. The lawyer will record this testimony via audio or video; however, it is also possible to use a written transcript at the deposition testimony. As in a courtroom testimony, deposition statements are made under oath. The statement can be used to help the defense or plaintiff prepare their case, or it can be used in trial. In addition, either party can take deposition of the other party or witness. During an oral deposition, both sides have the right to be present.
A deposition has various advantages for either side in a case. For example, by deposing a witness, a plaintiff or defendant can be aware beforehand of what knowledge the witness has of an event. The deposition helps the parties to know what the person will say on the stand in court. This helps to eliminate any surprises at trial. Another benefit to doing a deposition is it allows a party to use the testimony of a witness who may not be able to testify in court during the trial. In a deposition, one party may ask questions of the witness, and the other party may cross-examine the person, just as what happens in court.
Sending out Interrogatories
Another useful method lawyers use at discovery to obtain information is the use of interrogatories. This consists of a list of questions one party sends to the other. The party receiving the questions must answer them truthfully and accurately under oath. Ultimately, the defendant or plaintiff answers the questions, though the individual’s lawyer will help the person craft the responses.
A lawyer will request detailed information in an interrogatory, not merely simple answers. The questions can vary, depending on the case and circumstances. Generally, the questions revolve around people, organizations, facts, and witnesses of the case. The lawyer may want information regarding identities, locations, and the nature of records and documents pertaining to the legal matter. Recipients of interrogatories must answer them separately.
Types of Witnesses in Discovery
In building a case or establishing a defense, it’s vital to have reliable witnesses. The discovery phase is a good time to prepare your witnesses and make sure they are ready to help you with your case. In discovery, you can determine how effective a witness might be for your side in court. There are three types of witnesses you may use: lay witness, expert witness, and character witness. In a case, a lawyer may call any number of each type of witness, including a combination of them. For instance, it may be effective to have one lay, one expert, and one character witness.
A lay witness is the type that a lawyer will most frequently turn to. This is a person with firsthand knowledge of key events of the case. The lay witness will testify from the stand in court of what he or she saw or heard, describing the events truthfully. Secondly, an expert witness is someone who specializes in a particular area. This specialization can help clear or implicate a person’s involvement in the incident in question. An expert witness is often a medical doctor, psychologist, or engineer. Lastly, a character witness may not have seen the incident, but this individual knows the defendant or victim. A lawyer uses a character witness to testify of the personality of the individual.
In a civil or criminal case, a lawyer will make good use of the important discovery phase. Both sides of the case will rely heavily on the information the other side shares during this time. A lawyer may speak to and take testimony from witnesses for or against his or her client. The lawyer will also use a few methods to gather information. These elements are crucial in trial preparation and for giving clients the best chance of having a positive outcome in the courtroom.
