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Essentially, a party must disclose to the other parties the information, documents and witnesses that support the partys claims and defenses. Discovery refers to the procedures by which each party learns about the information, documents and witnesses that the other party does not have to disclose.
How To Write a Discovery Request for Production Have a Meet-and-Confer Session. The first step is to meet and confer with the other party. Determine the Evidence That You Need. The next step is to determine what type of evidence you need. Create a Request. Wait for a Response.
Discovery allows each side to build evidence for their arguments at trial. It also can help narrow the case and streamline the process by focusing the litigation on the issues that are actually disputed. Generally, anything that is reasonably likely to lead to discoverable evidence can be sought through discovery.
The information gathered during the discovery process can determine the outcome of the case at trial. What is learned about a claim or a defense through discovery can compel a party to settle a claim or affect the amount offered in order to settle it.
The purpose of discovery is to allow each side to learn the details of the case, assess strengths and weaknesses of the opposing partys claims and defenses, and identify the issues they will have to prove at trial.
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Privileged information or communication (like attorney client communication) is protected from discovery, the attorneys work product in advocating his or her legal case, and trial preparation materials.
Discovery enables the parties to know before the trial begins what evidence may be presented. It s designed to prevent trial by ambush, where one side doesn t learn of the other side s evidence or witnesses until the trial, when there s no time to obtain answering evidence.
Ask for a court order If the other person does not respond, or their response is still incomplete, you can ask the court to order them to respond. You have 45 days from the service of the most recent responses to ask the court to make an order requiring an answer.

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