Getting information from the other side
You use discovery to get information or evidence from the other side in a lawsuit that will help you make your case. In order to get the information you need, you must make a request using a specific procedure and written format, within a specific timeframe.
Types of discovery
You use different types of discovery requests to get different kinds of information:
- To ask the other side to answer a set of questions, you can use Interrogatories
- To ask the other side to admit that certain facts are true or certain items are authentic, you can use Request for Admission
- To ask the other side to produce documents or permit inspection of physical evidence, you can use Request for Production
Interrogatories
Ask the other side to answer a list of questions
A Form Interrogatory is the easiest tool to use for discovery. It's a set of questions on a standard form. Common ones in most civil cases are:
- Form Interrogatories – General (form DISC-001) (for use in unlimited civil cases)
- Form Interrogatories – Limited Civil Cases (Economic Litigation) (form DISC-004) (for use in limited civil cases)
There are also form interrogatories for family law cases, employment law cases, eviction cases, and construction defect cases.
To use a form interrogatory, you check any question you want the other side to answer that is relevant to your case.
This is useful to not only get general information about the other side, like home and employer address. An injured person can ask about the person's insurance coverage in an accident. You can also ask for information that supports what the other side claims in their Complaint or Answer.
Learn how to use Form Interrogatories
When you need more specific information use Special Interrogatories
You can use a Special Interrogatory (sometimes called a Specially Prepared Interrogatory) if you want to write the questions yourself. You use this if you want to ask questions that are specific to your case and are not included on the Form Interrogatory form.
You can use a template to create your own form for this type of request.
Learn how to use Special Interrogatories
Request for Production
Ask the other side to produce documents or things
A Request for Production (also known as a Demand for Inspection) asks the other side to produce and allow copying or inspection and measuring of a document or thing. The other side also provides a written response stating that all evidence was produced, or explaining what hasn't been produced and why.
Typically, if you requested a document, but the other side claims it doesn't exist, you can object to the judge if they try to introduce the document at trial.
Requests for Production help prevent any surprise evidence at trial.
Learn how to use a Request for Production
Request for Admission
Ask the other side to admit that something is true or authentic
A Request for Admission asks the other side in your lawsuit to admit that a list of statements are true or that documents are authentic.
If the other side admits that a fact is true, you will not need to prove that fact at trial. If the other side admits that a document is genuine, you will not need to authenticate it at trial.
This makes trial faster and less expensive since your trial can focus only on the issues on which you and the other side disagree.
You can also use Request for Admission to get information that helps prove your case.
If the other side refuses to admit that one or more of the facts are true, or documents authentic, you can use a form interrogatory (unlimited civil cases) or special interrogatory (limited civil cases) to ask them for information to support that.
Learn how to use Request for Admission
Timeframe for discovery
You must complete discovery 30 days before your trial
The deadline for finishing discovery (the discovery cutoff) is 30 days before the original date set for a trial unless the parties have agreed or the court has ordered to extend the time. You need all the responses by this date. Since the other side has 30 days to respond, you typically need to send any requests at least several months before this date to make sure the response date falls before the cutoff date, and you have time to file a motion if there is a discovery dispute.
If you are the plaintiff, you can begin discovery 10 days after you serve the first papers in the case or anytime after the defendant files a response. If you are the defendant, you may begin discovery as soon as the case is filed.
If the other side doesn't respond
If the other side doesn’t respond, you can file a motion with the court. The motions you file depends on the type of discovery request you made.
Be aware that there are deadlines that limit the amount of time you have to file each of these motions.