What is Discovery in Litigation?

In litigation (once a formal lawsuit has been filed), discovery is the pre-trial process where parties exchange information and evidence relevant to a case. This process aims to prevent surprises at trial by allowing each side to assess the strengths and weaknesses of their case and potentially leading to settlements. 

Here's a more detailed explanation:

Purpose of Discovery

• Information Gathering: Discovery allows parties to gather information and evidence from the opposing side, including documents, testimony, and other relevant materials. 

• Preventing Trial by Ambush: It aims to ensure that neither party is caught off guard by unexpected evidence or witnesses during the trial. 

• Assessing Strengths and Weaknesses: Discovery helps each party understand their own case and the opposing side's case, enabling them to evaluate their chances of success. 

• Settlement Negotiations: The information gathered during discovery can facilitate settlement negotiations by clarifying the facts and issues in dispute. 

Common Discovery Methods

• Depositions: Sworn testimony taken outside of court, usually from a witness. 

  
  

• Interrogatories: Written questions that must be answered under oath by the opposing party. 

  
  

• Requests for Production of Documents: Demands for documents or other tangible things relevant to the case. 

  
  

• Requests for Admission: Requests for the opposing party to admit or deny certain facts. 

  
  

• Subpoenas: a legal document that compels an individual to appear in court, provide testimony, or produce documents or other tangible evidence relevant to a legal proceeding. 

  
  

• Physical and Mental Examinations: In certain cases, one party may be required to undergo a medical examination. 

  
  

The Broad Scope of Discovery

• Discovery is generally broad and encompasses information that is relevant to the subject matter of the lawsuit, even if that information might not be admissible in court. California courts have reiterated that discovery provisions are to be liberally construed infavor of disclosure. In interpreting the former Discovery Act of 1957, the Supreme Court stated, in the seminal case of Greyhound Corp. v. Superior Court (1961) 56 Cal.2d 355, 378, that disclosure in discovery exists as “a matter of right unless statutory public policy considerations clearly prohibit it.” All doubts about discovery are resolved in favor of disclosure. Glenfield Dev. Corp. Superior Court (1997) 53 Cal.App. 4th 1113, 1119. Doubts concerning relevance should usually be resolved in favor of permitting discovery. Colonial Life & Accident Insurance Co. v. Superior Court (1982) 31 Cal.3d 785, 790 (quoting Pacific Tel. & Tel. Co. v. Superior Court (1970) 2 Cal.3d 161, 173).

  
  

• The concept of liberal discovery was codified in the Discovery Act of 1986 (Code of Civil Procedure §§ 2016.010, et seq.), which provides in Code of Civil Procedure § 2017.010: “Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.”

  In codifying this standard, the drafters of the Discovery Act rejected the notion that the basic criterion for discovery be relevance to the issues. Rather, any information that “might reasonably assist a party in evaluating that case, preparing for trial, of facilitating settlement, falls within the definition of permissible discovery.” Lipton v. Superior Court (1996) 48 Cal.App.4th 1599, 1611. Admissibility is not the test. Discovery rules are applied liberally in favor of discovery and “(contrary to popular belief), fishing expeditions are permissible in some cases.” Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546.

  
  

• However, there are limitations, such as privileged information or trial strategy, which are not typically subject to disclosure. 

Discovery Disputes

• It’s not uncommon for disputes to arise during discovery. One party may refuse to provide information, fail to meet deadlines, or object to specific requests. When this happens, the other party can file a motion to compel, asking the court to order compliance.

  
  

• Courts expect parties to meet and confer in good faith before involving the judge. Some jurisdictions require an informal discovery conference to take place prior to any motions being filed. If the court finds that a party is withholding information without justification, it may impose sanctions, including fines or limitations on presenting evidence at trial.

Why Discovery Matters

• Discovery in a lawsuit is crucial because it allows both sides to gather information and evidence before trial, ensuring a fairer and more efficient legal process. This process helps prevent surprises at trial, allows parties to assess the strengths and weaknesses of their cases, and often leads to settlements by clarifying facts and narrowing issues. 

  
  

• Prevents "Trial by Ambush": Discovery ensures that both parties are aware of the evidence and witnesses each side plans to present, preventing one side from being blindsided by unexpected information at trial. 

  
  

• Clarifies Issues and Builds a Stronger Case: By exchanging information, parties can better understand the strengths and weaknesses of their own case and their opponent's, leading to more focused arguments and potentially stronger legal strategies. 

  
  

• Promotes Settlement: The discovery process can reveal the strengths and weaknesses of each side's case, making it easier to identify areas of agreement and potential for settlement, avoiding the time and expense of a trial. 

  
  

• Ensures Fairness: Discovery helps level the playing field by ensuring that both sides have access to the same information, reducing the likelihood of one side having an unfair advantage due to hidden evidence. 

  
  

• Streamlines the Legal Process: By identifying what evidence is relevant and what issues are in dispute, discovery can help streamline the trial process, focusing attention on the key points of contention. 

  
  

• Allows for Aggressive Challenge of Evidence: In criminal cases, discovery allows the defense to aggressively challenge evidence and increases the chance that exculpatory evidence (evidence that suggests innocence) is considered. 

  
  

• Improves Trial Preparation: Discovery ensures that both sides are well-prepared to present their case at trial, leading to a more informed and efficient legal proceeding. 

Disclaimer: This website provides general information about legal issues and is not intended as legal advice. The information provided on this website is for informational purposes only and may not reflect the most current legal developments. You should not act or refrain from acting based on any information contained on this website without seeking professional legal counsel. No attorney-client relationship is created by your use of this website or by contacting us through this website.