A discovery tool by which either side in civil litigation can require the opposing side to provide them with specific documents
The term “Documents” are construed very broadly in civil litigation and can include physical things, including those written, recorded, prepared by experts, medical records, x-rays, photographs, video, etc.
Code Of Civil Procedure
The overall process is called Civil Discovery. Each state has its own code of civil procedure. Most jurisdictions have modeled their code after the Federal Rules of Civil Procedure.
Commencement Of Discovery – Types Of Discovery
Once the plaintiff’s civil complaint has been filed and served on the parties, formal Discovery commences. There are different types of civil Discovery, including
- Depositions
- Interrogatories
- Inspection Requests
- Requests For Admissions.
The parties to a lawsuit want to know as much as possible about what the other party knows and has as potential evidence.
All documents and things that tend to prove or disprove a fact in controversy are considered relevant and must be produced, except where the document discovery request is a privileged communication or is subject to lawful privacy rights.
Document Request Must Be Clear And Concise
A formal request for documents must be clearly stated, such as: Produce all written customer complaints in your possession that reference John Smith between the dates of June 4, 2021, and May 12, 2023.
The responding party must respond to the opposing party’s document request within a specific time or face a motion to compel discovery.
