Forms of Discovery
Interrogatories and Requests for Admission
Interrogatories are questions requiring your version of the facts and of your claims. They can be standard interrogatories, or special interrogatories. Special interrogatories ask specific questions to the facts of your case whereas the standard interrogatories seek more general information. If the questions asked are vague, difficult to understand or over-broad then they may be objected to.
Requests for admission are not often used, but can be a very powerful tool. These requests ask a party to admit or deny certain facts pertaining to the case. Failure to answer, answering falsely, or answering late can result in severe penalties against the offending party.
Production of Documents
Under Florida law, any party has a right to see most documents that even remotely relate to the case. Documents can be written, typed, printed, or reproduced matter, and include such things as pictures, drawings, diagrams, transcribed oral statements or conversations, and even computer files.
Depositions
Depositions are sworn testimony under oath and are transcribed by a court reporter. It is very similar to testifying at a trial, but is done outside of the courtroom. Depositions can range in length from an hour to a week or more. Depositions are used to lock witnesses into their stories, to see what evidence the opposition has, and to evaluate how a witness will perform under the stresses of sworn testimony.
Parties must be honest with their attorneys during this process. Nothing will lose a case quicker than lying and getting caught. It is also illegal and can result in criminal charges being brought against the offender. The discovery process can be lengthy, expensive, intrusive, and frustrating. Before starting a lawsuit, a potential claimant must determine if they want their life opened to that kind of scrutiny.
Interrogatories and Requests for Admission
Interrogatories are questions requiring your version of the facts and of your claims. They can be standard interrogatories, or special interrogatories. Special interrogatories ask specific questions to the facts of your case whereas the standard interrogatories seek more general information. If the questions asked are vague, difficult to understand or over-broad then they may be objected to.
Requests for admission are not often used, but can be a very powerful tool. These requests ask a party to admit or deny certain facts pertaining to the case. Failure to answer, answering falsely, or answering late can result in severe penalties against the offending party.
Production of Documents
Under Florida law, any party has a right to see most documents that even remotely relate to the case. Documents can be written, typed, printed, or reproduced matter, and include such things as pictures, drawings, diagrams, transcribed oral statements or conversations, and even computer files.
Depositions
Depositions are sworn testimony under oath and are transcribed by a court reporter. It is very similar to testifying at a trial, but is done outside of the courtroom. Depositions can range in length from an hour to a week or more. Depositions are used to lock witnesses into their stories, to see what evidence the opposition has, and to evaluate how a witness will perform under the stresses of sworn testimony.
Parties must be honest with their attorneys during this process. Nothing will lose a case quicker than lying and getting caught. It is also illegal and can result in criminal charges being brought against the offender. The discovery process can be lengthy, expensive, intrusive, and frustrating. Before starting a lawsuit, a potential claimant must determine if they want their life opened to that kind of scrutiny.