Discovery in Civil Cases
In Tennessee, when the amount of money disputed or owed is more than $25,000, a case typically is filed in Circuit Court. In Circuit Court, the parties can request – and force – their opponents to participate in discovery. Discovery in civil cases means sending out and answering interrogatories (requiring the other side to answer questions in person and before a court reporter), sending out and providing requests for the production of documents and things (requiring the other side to produce documents, telephone records, computer records, etc.), and more. This process is termed discovery.
Discovery is designed to ensure that two disputing sides exchange information before their case is heard and goes to trial. As a result, the two disputing parties can better evaluate their case before trial, perhaps settle, and seek to avoid surprises. During discovery, the legal rules allow both parties to obtain this information.
There are various discovery forms: requests to admit; interrogatories; requests for production of documents and things; and depositions. Under the rules of discovery, a request to admit permits one party to admit or deny particular facts. For instance, in a car crash case, one party may request that the other party admits that he or she owned the car or was wearing a seatbelt.
Interrogatories are written questions, which are sent to the other side and which the other side must answer under oath. Whereas requests to admit pose narrow, specific questions, interrogatories pose broader questions. For example, by interrogatory, a party may ask the other side to identify every person with knowledge about the facts of the case and do so in writing. Since interrogatories often are multi-parted and burdensome, courts often restrict the number of interrogatories disputing parties can send their opponents.
With requests for production of documents and things, one side requests that the other side provides its documents, digital files, and other evidence. Requests to produce documents are important; the documents themselves give lawyers and others the writings of a party or witness before the lawsuit was filed. These documents may be used during trial.
Depositions are a frequently used type of discovery. At a deposition, the lawyers, the parties, and a court reporter are present. The court reporter records every question and every answer, word for word, and transcribes them. Answers are given under oath. Thus, it is critical that parties prepare to take a deposition and that every witness understands the process. Most objections during depositions are noted, but the court rules on them, if necessary, at a later time. The rules of evidence apply to depositions.
If you are filing a lawsuit or are being sued, hire a lawyer. Courts have procedures and rules that few non-lawyers really understand. The law is complex. If you do not have a lawyer on your side to assist you, you will be at a serious disadvantage. If you have questions or concerns, talk to a lawyer. For more information, to have your questions answered, and to have your concerns addressed, contact Nashville Attorney Perry A. Craft.
Perry A. Craft has dedicated his life to helping people in need. He has tried, settled, or resolved numerous civil and criminal cases in State and Federal courts, and has represented teachers and administrators before school boards, administrative judges, and the state Board of Education. Learn more about Attorney Craft.