Responding to Discovery
Discovery is an important, but time-consuming part of litigation. To make the process move smoothly, we have created this guide for our clients on how to prepare responses to discovery requests we receive from other parties.
What is Discovery?
Discovery the general term for the stage in litigation where each party can send requests for information to the other parties or other people who might have information related to the case. The types of discovery requests we may receive or that we may send to other parties are Requests for Production of Documents, Interrogatories (written questions about the lawsuit), and Requests for Admissions (written statements that the other party requests that you either admit or deny). Additionally, each party may request to conduct depositions, which is an opportunity to ask the opposing party questions under oath before trial. Parties may also request an inspection of any building or property that is subject to the lawsuit.
Discovery identifies the claims and defenses made by the parties and to help narrow issues for the court as many issues are often undisputed. The standards for what information can be requested in a discovery request are very lenient, and the basic rule is that parties can ask for any information that is relevant or might lead to the discovery of relevant information. As such, these requests may seem excessive or not directly related to the litigation, but for the most part, you are expected to answer the questions or provide the documents.
You can learn more about litigation discovery by visiting our litigation resources page on our website.
How can I provide responses to Interrogatories or Requests for Admissions?
When we get a discovery request from another party, we will send you a copy of that request and a link you can use to type your responses. It is not required that you submit your responses using this link, but it makes it easier to keep your responses organized, and thus, minimize your legal expenses.
Saving Your Work
It is very likely you will not be able to respond to all the requests in one sitting. Therefore, it may be important to save your work as a draft. To do this, simply scroll to the bottom of the form and click “Save.” This will save what you have entered into the from and you will be able to come back and edit those responses until you submit them to the firm. Please note that if you do not click “Save” any information entered will be lost if you close the form window.
Completing the Responses
When you have answered all of the questions you will want to click to the third page in the form, sign, and click submit. This will notify the firm that you have completed the responses so we can review the same.
Requests for Production
You will not be provided a form for responding to requests for production as you will need to provide copies of photos, videos, and documents for these requests. Therefore, we ask instead that you share any relevant or responsive documents with us using Communicate. You can learn how to do this by going to https://support.communicate.smokeball.com/hc/en-us/articles/360023336934-Sending-a-message.
If you need any additional assistance or would prefer to respond to the requests in a different manner, please contact our office. Moreover, we are always happy to schedule a time to discuss these discovery requests in more detail. You can schedule an appointment by calling us at (913) 283-8300, or you can schedule an appointment online at www.rickdavislegal.com/appointments.