which step during a civil case is when the two sides gather evidence?Get a Free Consultation
The step during a civil case when the two sides gather evidence:
The step during a civil case when the two sides gather evidence is called the Discovery phase.
The discovery process allows each party to obtain relevant information and evidence from the other party. This can include documents, interrogatories (written questions), depositions (oral testimony under oath), and more.
The discovery phase usually comes after initial pleadings and motions are filed. It precedes the trial itself. The judge may set discovery deadlines and limitations to keep the information exchange reasonable and on track. There are penalties if parties do not comply with discovery rules.
Here are some key points about the discovery process in civil litigation:
- Evidence requests – Parties can request relevant documents, data, and other evidence that is in the possession of the other party. There are rules about what is discoverable and parties can object to certain requests.
- Depositions – Depositions involve questioning witnesses under oath. Attorneys for both sides get to ask questions and record the answers.
The main purposes of discovery are to obtain facts, develop the case, clarify issues, reveal strengths/weaknesses in a personal injury case, and also promote settlement prior to trial.