Discovery Process and Personal Injury Pt. 1

Posted on Thursday, June 25th, 2020 at 6:01 pm    

When a person is involved in a personal injury case the process of discovery gives a way to get information. There are a number of ways that can be used by parties involved in the case. This article and a subsequent one will discuss discovery options available in a personal injury case.

Cornell Law School Legal Information Institute states the process of discovery is used to gather information in preparation for trial. During the discovery process one-party in a legal dispute can learn about the other side’s case. There are a number of ways that parties can use to get important information about the case. However, discovery rules are based on the state or federal rules of civil procedure. Therefore, these rules give specific timelines by which discovery requests must be made and answered also the way of answering.

Discovery Process Options

Some possible options used to gather information include the following:

  • Depositions – a deposition is a series of questions posed to the other party or a potential witness. By this, one is able to ask the person questions and that person responding must answer under oath. However, the line of questioning may be restricted. The deposition is recorded by a court reporter or someone similar. At the trial, if witness testimony differs from what they said during the deposition this may be used against them.
  • Requests for admission – this is asking the other party to admit or deny certain things. This helps narrow the focus of the discovery and the case. Only facts can be admitted not conclusions of law or opinions.
  • Physical examination – this is an important aspect of a personal injury case on how the victim suffered because of the accident. A physical examination of the victim can be requested by the defendant at the court’s discretion.



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