A personal injury lawyer attempts to settle his or her client’s case without going through the mechanics of filing a lawsuit. Still, if that proves impossible, then the attorney-client team needs to plan for a discovery session.
The 2 sides face each other outside of the courtroom
The 2 sides share specific items. That includes an exchange of witness information, such as the witnesses’ identity, along with materials on their background. Some of those involved in the injury-causing accident might face an attorney, one that asks them a series of questions.
During discovery, the 2 parties might also share documents that are relevant to the case. Sometimes each party gets to inspect an object or property that played some role in the injury-causing event.
Legal limits on what can be shared:
Neither side can introduce any statements from confidential sources. That includes statements to a spouse, to an Injury Lawyer in Richmond Hill, to a physician or to a religious counselor. By the same token the legal system prohibits the sharing of private information. That includes facts about any person’s health, sex practices, religious beliefs or relations with close family members.
Tools used by the lawyers during discovery
Deposition: That is the name given to the procedure that involves the questioning of a witness. Lawyers make note of the answers given. Any information obtained from a witness during the deposition can become the basis for a question that might be asked during the trial.
Request production of evidence: This is a tool that gets used by lawyers that want to keep the other side from hiding any evidence. Obviously, the lawyer’s request would need to be made when an investigation has pointed to the strong possibility that the other party does, in fact, have evidence that it has attempted to hide.
Interrogations: Not all the questions posed during a discovery get stated orally, at the time of a deposition Some are written on paper. Each of the disputing parties has a right to submit a written question to the opposing party at any time during the sharing of information. Obviously, the other party should feel obligated to respond. Otherwise the lack of a response could be revealed during the trial.
Request for admission: At any point, one side might submit a request for admission. The admission would need to be made by the opposing side. The same admission must be made under oath, and must attest to the veracity of a specific fact or detail. This tool serves as a way to challenge the opposition, with respect to the veracity of its statements.
Sometimes the evidence uncovered during discovery motivates one party to settle the dispute. Not every discovery session leads to a trial.