Phase 3: Discovery of Pertinent Information

In the same sense that it is critical that we fully comprehend your position, it is as critical that we understand as well that of the opposition. Discovery is the method by which we require the adverse party and others to provide us the opportunity to more fully understand the case. Discovery requests oftentimes include the following:​

  • Depositions: The questioning of witnesses and parties (likely including you) under oath before a court reporter. Through our use of computers, our firm normally utilizes a portable computer for purposes of taking notes, outlining your testimony and that of other parties or witnesses. We generally provide this information to our clients shortly after a deposition rather than order a transcript (which can be very expensive). Likewise, we are capable of highlighting certain issues for your further review and comment.

  • Interrogatories: Through use of written questions, we may sometimes be able to avoid the undertaking of depositions or lay the proper factual foundation upon which depositions or other discovery will be conducted.

  • Request for Admissions: These questions to the opposing party seek admissions or denials of pertinent information which may oftentimes be used in motions requesting affirmative relief or dismissal/limitation of the claims made against you.

  • Request for Production of Documents: In the same fashion that we request documents of you, we may obtain documents from the opposing party. It is critical that a request be specific and case-sensitive (which is the particular reason we have asked above for your thoughts as to which documents the other side will likely rely upon).

  • Subpoenas: Parties not in the litigation may be subject to subpoena, both in order to undertake their depositions as well as to require their present documents. Of course, subpoenas are also used for purposes of requiring parties and non-parties to appear at time of trial or at hearings.

  • Request for View of Property and Things: This formal discovery request allows us and you to view a location or an item which is relevant to the dispute and may include videotaping, photographing or other means of developing demonstrative evidence for presentment at trial or which may be attached to and included with motions.

* Our firm's motto in respect to litigation is "expect the unexpected." Accordingly, discovery is absolutely critical so that there are no surprises, twist or turns that we cannot reasonably or rationally expect to develop at the time of trial.