Same Day Legal ensures your documents will meet the procedural and technical
items necessary to present your case correctly and on time.
Success in presenting your case is highly dependent upon how documents and records are obtained and presented. Since all litigation is deadline drive, if you miss a deadline, you could lose your case.
Same Day Legal can assist you in the discovery process which requires both parties to disclose information related to the case. There are many forms of discovery, the most common of which are subpoenas, interrogatories, deposition, document production, and requests for admissions.
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Discovery is the process of obtaining evidence during the course of litigation. There are many forms of discovery, the most common of which are subpoenas, interrogatories, document production demands, depositions, and requests for admission.
Subpoenas are typically used by parties in a lawsuit to obtain evidence from non-party witnesses. A subpoena can command a witness to testify at a deposition, hearing or trial or it can require the witness to produce or make available for inspection documents, electronically stored information or other tangible items. A subpoena that seeks documents from a witness can be combined with a subpoena seeking that witness’s testimony as well. For subpoenas requiring an witness’s attendance, the issuing party must advance the witness compensation for one day’s witness fee, plus the round-trip mileage fee for travel to and from the place of attendance. The subpoena is issued by either the clerk of the court or an attorney authorized to practice in the court where the action is pending.
Interrogatories are a common discovery device which utilizes written questions to determine what issues are present in a case and the basis or support for statements made in a litigant’s pleadings. Interrogatories can be pre-printed Form Interrogatories or specific questions asked just for your case (Special Interrogatories).
Only parties to an action respond to interrogatories, unlike depositions that question both parties and witnesses. Parties must answer the questions under oath within a specified time period. The number and types of questions allowable are limited by the rules of civil procedure, as are the responses and time to respond. For example, under the Code of Civil Procedure each party may only ask each other party 35 questions via interrogatory unless the court gives permission to ask more. In general, the answering party has 30 days to respond and the responses should be verified.
A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."
Each party may conduct one deposition of the other party. This limit is imposed to prevent parties from using the deposition process as a tool of harassment, and to make each party effectively use their deposition. Parties may also conduct depositions of any relevant witnesses in the case. A party may only conduct one deposition of any individual, though.
Depositions are usually hearsay and thus inadmissible at trial. There are, however, three exceptions. The first exception is when a witness's testimony at trial contradicts their deposition. The second exception is when a party admits something in a deposition that is against his or her interest. And, the third exception is when a is unavailable at trial.
Depositions are costly and often other methods of discovery are preferred.
Requests for production of documents are used to require another party to produce for inspection and copying documents or tangible items held by the other party. The response to the request for production will consist of two parts; one is the written response and the other is the documents/tangible items to be produced for inspection. If inspection of the original document(s)/article(s) is unnecessary, the propounding party may request photocopies be sent instead.
A party has 30 days from the date the requests were served to serve the responses. Your responses, for each request, must include either an agreement to comply, a representation of your inability to comply, or an objection to all or part of the request.
Requests for Admission
Requests for admission are used to ask another party to admit or deny certain facts are true, or to admit certain documents are genuine and authentic. If a fact is admitted as true or a document is admitted to be authentic, these facts and documents do not later need to be proven or authenticated at trial. Stipulated facts and documents streamline the trial process by reducing the number of disputed facts the court must decide.