Define discovery, and identify and explain five of the most important forms of discovery

Answer 1

Discovery is the pre-trial opportunity for both parties to learn the strengths and weaknesses of the opponent's case. Discovery is aimed at aiding the parties in reaching a negotiated settlement of the case prior to trial or, if the case proceeds to trial, to make the trial more efficient and fair. The five most important forms of discovery are interrogatories, depositions, production of documents and things, physical and mental examinations, and electronic discovery. Interrogatories are written questions that an opposing party must answer in writing, under oath. Depositions are sessions of live questioning of opposing parties or potential witnesses under oath with lawyers for both parties present. Each side may ask the other for relevant documents for inspection or copying, for physical objects, or for permission to enter on land to inspect. A party may request that the court order a physical or mental examination of the other party if that is relevant to the case. Electronic discovery involves requests for furnishing relevant, nonconfidential emails and their attachments, as well as other electronically stored information.