ABSTRACT

Discovery is the formal pretrial process of fact-finding in which lawyers from both sides are able to obtain facts and information about the opposing party’s case. The intent of discovery is to gather information and facts relevant to the case. While the scope of discovery is broader than the scope of admissible evidence in trial, unreasonably broad requests for information, sometimes called “fishing expeditions,” Courts encourage both sides to become knowledgeable about the facts and relative value of their positions in the hope that a settlement can be reached prior to trial. Interrogatories are a common form of written discovery and are comprised of a series of written questions sent to the opposing party. In the discovery process, any party may serve any other parties with a request for the production of documents which seeks all written material relevant to the specific subject of the litigation.