What Is Written Discovery, And Why Am I Answering It?

Originally published by Herrman & Herrman, P.L.L.C..

When parties cannot come to a settlement agreement, oftentimes a lawsuit must be filed.  After a lawsuit has been filed by the plaintiff, and the defendant or defendants have answered, “discovery” is conducted.  Oftentimes, clients are confused as to the questions they are asked and the documents they are asked to produce.  This is a process known as “written discovery”.

Though discovery typically includes other things such as depositions, the main focus here is on the written discovery that you, as a client, are sent.  This usually includes three main components:

Requests for Admissions

Requests for Admission are pretty self-explanatory; in them, the opposing side will ask you to admit or deny certain facts.  For example, in an accident regarding a car wreck that happened on August 10, 2016, they may ask you to admit or deny that you were involved in an accident on August 10, 2016.  It may seem silly, but this helps to save time and money by allowing the attorneys to not have to argue over certain facts.  If both sides concede they were at the same time and place when the accident occurred, they both know they don’t have to prove it in a trial.

Requests for Production

Requests for Production are when the opposing side asks you to produce certain documents.  In a car accident case, as the plaintiff, you would typically be expected to provide things to back up your damages claims.  If you are claiming you are injured, you will need to produce medical records and billing.  If you are claiming you missed work because of the accident, you will need to produce documents supporting the missed time and your pay rate.  It is important to timely produce these documents to the defendant(s) or they may not be admissible at trial.  If you do not have the evidence to support your damages at trial, the court may not let you recover from them.  It is up to your attorney to determine what documents the defendant is entitled to.  You are allowed to object to producing documents, and it is up to the opposing side whether they want to take it up with the court.

Interrogatories

The last portion of written discovery is Interrogatories.  These are questions that the opposing side asks you in written form.  There is usually a limit to how many they may ask.  Here, they will ask questions such as “Where were you heading on the day of the accident?” or “Where had you been prior to the accident on August 10, 2016?”  It is important to answer these questions truthfully, as you are swearing to them being true.  If your answer changes later on in a deposition or at trial, the opposing side will most likely use this against you to make you sound untruthful.

Written discovery can be tedious but it is the backbone of your claim.  It is important to have an experienced attorney to help guide you through this process.  If you feel as though you’ve been wrongfully injured, contact the lawyers at Herrman & Herrman to evaluate your claim today.

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