Your attorney has invited you to his or her office to go over get responses to Discovery. What is Discovery? How does it work? Why do you need to give your responses? Discovery is an important part of the litigation process in any case. It is the time period, after a lawsuit is filed, that allows you and your attorney to learn about the Defendant and their perspective of the incident. It also gives the Defense an opportunity to learn about you, and the positions you hold, respective to the event you were involved in. Discovery includes a number of different forms, including written discovery and depositions. For the purposes of this blog, we will focus on the different types of written discovery that are traditionally presented to a party during a civil case involving a motor vehicle collision.
Requests for Production (RFP’s)
Requests for Production are requests by one side to the other, to produce documents or evidence which the requesting party believes is pertinent to the matter at hand.
Purpose of RFPs:
RFPs are designed to uncover evidence that could support a party’s claims or defenses. This could include:
Medical Records: Relevant in personal injury cases to establish the extent of injuries.
Accident Reports: Documentation related to motor vehicle collisions that provide insights into the incident.
Photographs and Videos: Visual evidence related to the scene of the accident or the involved parties.
Response to RFPs:
When you receive an RFP, it is important to work closely with your attorney to gather the requested documents and provide accurate responses. Your attorney will assess the validity of the requests and ensure that you comply within the legal timeframe.
Requests for Disclosure (RFD’s)
Requests for Disclosure are requests by one side to the other that are routine to the type of case being presented to the court. In a motor vehicle collision, things like the police report, or the insurance policy limits would be disclosed in responses to requests for disclosure.
Purpose:
The primary goal of RFDs is to facilitate transparency and exchange of pertinent information between the parties involved in a lawsuit. By disclosing essential documents and details, both sides can prepare better for the litigation process.
Importance of RFDs in Motor Vehicle Collision Cases
Relevance:
In the context of a motor vehicle collision, RFDs are particularly significant because they help uncover important evidence that can influence the outcome of the case. This evidence may include:
Police Reports: Official documentation from the responding law enforcement agency detailing the circumstances of the accident, including witness statements, diagrams, and any citations issued.
Insurance Policy Limits: Information regarding the insurance coverage of the parties involved, including liability limits, which can be crucial in determining the potential for recovery of damages.
Common Elements Included in RFDs
Types of Information Requested:
Requests for Disclosure can encompass a variety of documents and information, such as:
Witness Information: Names and contact details of individuals who witnessed the accident.
Expert Witnesses: Names of any expert witnesses the party intends to call, along with the subjects on which they will testify.
Documents Relating to Damages: Any documentation that supports claims for damages, including medical records, repair estimates, and lost wages.
Response to Requests for Disclosure
Timeliness:
Parties are typically required to respond to RFDs within a specified time frame, which can vary based on jurisdiction and the specific rules governing the case. It is vital to adhere to these deadlines to avoid potential legal repercussions.
Cooperation and Accuracy:
When responding to RFDs, it is crucial to work closely with your attorney to ensure that all requested information is accurately provided. This collaboration helps to avoid incomplete or misleading disclosures, which could adversely affect your case.
Strategic Considerations:
Parties should be strategic in their responses, as disclosing certain information may impact ongoing negotiations or the direction of the case. Your attorney can guide you on the best approach to take.
Interrogatories (ROG’s)
Interrogatories are questions are that one side asks the other, that the side requesting the responses to the questions believes is relevant to the matter at hand.
Purpose:
The primary goal of interrogatories is to obtain specific facts or details that can aid in the preparation for trial or settlement negotiations. They serve as a tool for uncovering evidence and understanding the opposing party’s position regarding the legal matter at hand.
Importance of Interrogatories in Litigation
Discovery Process:
Interrogatories are a crucial part of the discovery process in litigation. They allow both parties to clarify the issues at stake and gather necessary information to support their claims or defenses.
Types of Questions:
Interrogatories can cover a wide range of topics, including but not limited to:
Background Information: Questions about the parties involved, including names, addresses, and relevant relationships.
Factual Details: Inquiries about specific events related to the case, such as the timeline of the incident, circumstances leading up to the event, and actions taken by the parties.
Claims and Defenses: Questions aimed at understanding the basis of the claims being made or defenses being asserted by the responding party.
Witness Information: Requests for the names and contact information of individuals who may have relevant information regarding the case.
Responding to Interrogatories
Legal Obligation:
Parties are required to respond to interrogatories within a specified time frame, which varies depending on jurisdiction and court rules. Failure to respond adequately can lead to legal consequences, including sanctions.
Accuracy and Honesty:
It is imperative that responses to interrogatories are accurate and truthful. Providing false information can lead to serious repercussions, including damaging your case and potential legal penalties.
Collaboration with Your Attorney:
Working closely with your attorney is crucial when preparing responses to interrogatories. Your attorney can help you:
Determine which questions to answer.
Craft responses that are clear and concise.
Ensure that all pertinent information is disclosed while protecting your legal interests.
Strategic Considerations:
Interrogatories can also be used strategically. For example, the information obtained can influence settlement discussions or trial preparation. Your attorney can guide you on how to approach this aspect effectively.
Requests for Admissions (RFA’s)
Requests for Admissions are questions asked to one side by the other, that ask for an affirmative Yes or No, or Admit or Deny. These questions, similar to Interrogatories, are questions that the requesting side feel are pertinent to the matter at hand.
Objecting to written Discovery
There are a number of objections that are available to the responding party. Some of the common objections to written discovery questions are that the questions are too overbroad, or too extensive in their scope. Another objection is objecting based on the questions being irrelevant to the matter at hand. These are only a couple of the objections available to a party responding to a written discovery request.
It is important to be properly represented if you are ever injured by another party’s negligence. It is important to speak to an attorney about your legal rights and make sure you are fully apprised of those rights. The attorneys at Herrman & Herrman PLLC are always on standby to help! If you have any questions about a potential claim or would like to sit down for a consultation and discuss your issue, please contact us immediately. At Herrman & Herrman PLLC, we always strive to put our clients, first!
*This blog is for informational purposes only and is not intended to, and should not be construed as legal advice.
