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Discovery is a process
undertaken in a lawsuit to learn about the opposing party’s knowledge,
theories and witnesses. Often referred to as a “fishing expedition,”
discovery allows a party to learn what another party or witness will
testify to at trial, as well as their knowledge about facts which may be
helpful or detrimental to that party’s position.
Discovery is often done through depositions (an oral examination under
oath before a court reporter), interrogatories (written questions under
oath), and requests for production of documents (written requests for
documents). Another discovery tool allows a party to ask the other side
to admit or deny certain facts.
In litigation, effective use of discovery will often determine the
outcome of the case. Discovery also, in many instances, helps parties
learn about the strengths and weaknesses of their case and to determine
if settlement is in their best interest.
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