Often times the most taxing and time-consuming part of litigation is discovery. Discovery is the fact-finding process of a lawsuit. The most common discovery tools are interrogatories, requests for production, requests for admissions, and subpoenas for third-party document production/testimony. Cases usually sink and swim on the facts. Without facts and proof, a plaintiff cannot win…
Legal Articles
Depositions, Oral Examination
Depositions upon oral examination are one of the primary tools of discovery in a case. To start, depositions can be upon oral examination or upon written questions. From experience, the latter is quite rare, really does not differ from interrogatories, and lacks the punch and effectiveness of live and in-person questioning. Depositions upon oral examination…
Subpoenas for Production of Documents, Testimony
A subpoena (“under penalty”) is an order from a Court to a third party to either produce documents or give testimony/deposition regarding facts in litigation. If A and B are embroiled in a lawsuit, and C has either documentation or firsthand knowledge of facts critical to the lawsuit, either A or B may subpoena C…