What happens during the discovery phase of a lawsuit all depends on what attorney is representing the defendant. A plaintiff’s attorney is responsible for finding out all about the complaint, the defendant’s complaint, and any other facts that might affect the case. Discovery is one of the most important steps in the litigation process and the discovery phase is when attorneys must find out all about the case to prepare their case against their opponent. This article briefly covers what happens during the discovery phase of a lawsuit.
- 1 Discovery is not a simple procedure. In many cases, discovery will take months or even years before discovery is complete.
Discovery is not a simple procedure. In many cases, discovery will take months or even years before discovery is complete.
When attorneys begin discovery, they must identify both specific and general items that they wish to investigate. This includes documenting the parties’ names and addresses, gathering information about specific dates, gathering financial data and banking records, and seeking out evidence regarding any relevant issues such as any past lawsuits or current complaints. Once documents have been documented, and they have been located and reviewed, the discovery phase of a case begins.
The discovery process can be quite rigorous. In some cases, discovery is completed at the county courthouse, although attorneys nationwide have found that most discovery can be done through state courts. In many cases, it will be an attorney from the opposing party that does all of the initial discovery. The opposing attorney will generally prepare the initial discovery package and submit it to the court. Once the plaintiff’s attorney receives the discovery package, they will review it and make any necessary changes before submitting it to the court.
One of the most common questions that arise during the discovery phase of a lawsuit is what happens if the defendant does not deny the discovery request.
If the defendant refuses to answer the discovery request, a plaintiff’s attorney can file a default judgment against the defendant. A default judgment is an order that the court enters against the individual defendant, and orders that he pay the plaintiff money for damages that have been awarded to the plaintiff. During the discovery phase of a lawsuit, it is often impossible for a plaintiff’s attorney to predict whether or not the defendant will enter a default, and therefore a default judgment is entered against a defendant even if the defendant does not admit wrongdoing.
Another frequently asked question is what happens during the discovery process if the case is settled before a lawsuit is filed.
A plaintiff who enters into a settlement with a defendant will generally be required to disclose any facts and data related to the settlement. However, the plaintiff must ensure that these facts and data are not revealed in a manner that gives the opposing party any advantage during the lawsuit. Discovery is often very helpful to plaintiffs seeking to confirm facts and documents regarding any aspect of a lawsuit. Parties involved in a case can agree to use discovery for certain information, but the court will always control the admission of such information. Once a plaintiff sues a party, the discovery process will serve as the only forum in which all discoveries can be disclosed.
Some other questions may be asked when discussing what happens during the discovery phase of a lawsuit. It is important to remember that once a lawsuit is filed in court, it is important to retain an attorney who is experienced in dealing with the issues surrounding this type of litigation. Many law firms offer litigation funding which can greatly assist in paying the attorney’s fees. Having an attorney on retainer is extremely important and should be considered when filing a lawsuit.