Well, most people know that there is an investigative process to a lawsuit, but oftentimes it is hard to know what all that includes and why it takes so long. Discovery is often the longest phase of any civil suit, whether personal injury, premises liability, workers’ compensation, and even contested adoptions. Who are you? What happened to you? Why did you say this? How did this go? All broad questions that must be answered, and each side is entitled to some. Discovery is the formal process where both sides in a lawsuit exchange information before trial. The goal is to make sure everyone knows the facts, evidence, and witnesses ahead of time—so there are no trial-by-ambush surprises.
Parties have to share basic information upfront, like names of witnesses and those involved in the litigation. Discovery includes complex and intricate topics like admissions, interrogatories, recorded statements, affidavits, requests for production, depositions (see our article on depos here) and more. Some aspects of discovery are governed by state law, while others are governed by court rules. For example, admissions are governed by Indiana Rules of Trial Procedure 26 and 36, and are required to answered, denied, or objected to within a strict thirty (30) day period. If the admissions are not answered within that timeframe, the party requesting the admissions can motion for the court to accept the admissions as fact or law of the case at hand. Relevant documents are also requested and passed between parties, like medical records or billing, photographs of property damage or injuries, or pay records.
The scope of discovery is broad. Parties may obtain discovery regarding any non-privileged matter, relevant to the subject matter involved in the pending lawsuit. The object of discovery is not to be nosy or to get into the privacy of everyone’s lives. It is designed to offer protection and create efficiency both in the courtroom and outside of it. Discovery is important because it builds the case (or tears it down); encourages settlement when both sides see the strengths/weaknesses; helps avoid surprises at trial; and supports fairness—both sides get the same information to rely on.
If the other side fails to respond or follow through with requested discovery, the consequences can be large. Beyond losing the case, there can be default judgments, sanctions, orders to pay attorneys’ fees and case expenses, order to respond or provide answers to the court, and verbal consternation from the court. Under the Indiana Trial Rules, the only limit on a trial court for determining appropriate discovery sanctions is that it be just. That is one heck of a broad target that can be incredibly impactful on your lawsuit and reputation. An attorney can help sort out the confusing jargon, the rules and sources of discovery, and lead you through what to expect from something like a recorded statement, or what does not have to be answered in an interrogatory.
Confused about a legal issue? Need help with discovery? Connect with an experienced attorney who can help you navigate the legal process and provide you with assistance. Finderson Law LLC offers free consultations to discuss your case. Give our firm a call at (260) 420-8600, use the chat box on our website, or text us using the website link!
We are always here to help bring our clients comfort, hope and ease regarding the complications of the law. As attorneys Roger Finderson and Delaney Finderson are now licensed in Florida, we are happy to help Floridians alongside our Hoosiers in every way.
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