Discovery gives each party in the lawsuit an opportunity to find out the otherís claim or defense.
Published by Paragon Legal Services 04th June 4, 2021
Discovery is a process require in civil court proceedings, during which you must provide the other side with any documents which are relevant to the case. It is very important that all documents concerning the case be made available to both parties.
This is to ensure that both parties in the proceedings can prepare their case before trial and obtain proper advice on thus improve their chances of success in the matter. A qualified legal professional can assist you with discoveries.
The main objectives of the discovery process are to avoid any surprises at the trial and ensure both of the parties understand the details and information outlined in the case. If possible the information may encourage the parties involve to make a settlement before going to trial.
Discovery include only the documents that relate to the proceedings. These documents are usually determined during the pleadings, which is when you and the other side file your formal documents before the trial.
Discovery sometimes includes any documents that could indirectly advance your case or damage the case of the other party. Discovery typically occurs once pleadings are complete. You should contact a legal professional of consultancy for more guidance.
Discovery can also occur before court proceedings begin. This is what is known as a preliminary discovery as each side must provide the other with a verified list of documents. You will then be allowed to inspect the documents and take copies.
You are not allowed with share these documents with persons who are not involved in the proceedings or with member of the public. You are only allowed to use the documents during the court proceedings in which they were presented. You cannot use said official papers in any other trials or proceedings whether current or future.
If any of the parties use the documents other than for the reason they were prepared, the court will stop the use thereof and could punish the party involved. Paragon Legal Services can help you with assistance on discoveries.
Either party may be allowed to use those documents as evidence in an open court thereafter following the discovery process. They will therefore now become part of the public record. This risk often forces the parties involved in the discovery to settle before they reach the trial process.
It is very important to comply with the discovery process. If you fail to do so you may open yourself to serious consequences. The court can order you to comply with the discovery request if you present an inadequate discovery or none at all.
If you still do not comply, the court may dismiss all or part of the proceedings and costs may also be made against you.
If you are involved in a civil proceeding, you will have to go through the discovery process. Get a qualified discoveries professional to assist you such as Paragon Legal Services.