How Cases Move Through Federal Courts
Civil Cases
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Discovery
Only on TV and in the movies is a surprise witness’s startling revelation a customary part of trial. In real life, the law recognizes that a case can’t be resolved properly if either side withholds information basic to an understanding of the case. As a result, both parties to a lawsuit are required to cooperate in the pretrial discovery process. During discovery, the lawyers try to develop evidence for their case and learn about their opponent’s case by asking to inspect documents and interviewing people who know something about what happened.
Discovery methods include depositions, interrogatories, and requests for admissions. A deposition is an interview under oath. Parties are deposed by opposing counsel; witnesses may be deposed by the lawyers for either side. Usually the party’s or witness’s own attorney is present at the deposition. Interrogatories are written questions asked by one party that the opposing party must answer in writing and under oath. Requests for admissions are written statements submitted by one party that the opposing party must admit or deny. If the lawyers do a thorough job in discovery, they shouldn’t be surprised by any of the answers the opposing party’s witnesses give to their questions during trial. One basic strategy lawyers follow during a trial is "Don’t ask a question if you don’t know what the answer will be." |
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