Within thirty days after the defendant files his answer, the plaintiff and defendant must exchange:ĭocuments. Step 1: Prepare and exchange your initial disclosures.That means the party who failed to disclose the document or witness may not be able to use them as evidence or rely on them at trial.įollow these steps to begin discovery in justice court: If either party fails to tell the other side about new documents or witnesses during the case, the judge can “exclude” those documents or witnesses. (JCRCP 16.1(c).) That means you always must give any new information that becomes available to the other side. (JCRCP 16.1(a).)Īfter this first disclosure of documents and information, both sides have an ongoing obligation to supplement their initial disclosures as the case moves forward. If your case is in the justice court, you must disclose certain documents and information to the other side at the very start of the case. If you have received discovery requests from the other side and need to prepare a response, click to visit Responding to the Other Side’s Requests for Information. If the parties are having a dispute, either party can file a motion with the court asking the judge to order the other side to respond to discovery requests or punish the other side for failing to respond to discovery requests or for making unreasonable discovery requests. The parties usually do not need to go to court during the discovery stage unless there is a problem. During discovery, the parties can get the documentation and information they need to file motions and possibly end the case or at least reduce its scope. Motions can narrow the issues for trial or even resolve the case completely before trial. “Motions” are written submissions to the court that ask the judge to rule on some (or all) issues in the case. It allows the parties to gather the information they need to file motions.Once each party knows what evidence exists to support or undercut the claims and defenses in the case, they are in a good position to talk about settling the case without going to trial. It allows the parties to evaluate settlement.Using discovery tools, the parties have the chance to talk to the other side and to witnesses, to see what documents and evidence the other side has that may help or hurt the case, and to learn the other side’s position on critical facts and legal issues. It allows parties to explore the strengths and weaknesses in the case.During discovery, the parties gather the evidence (documents, witness testimony, and the like) they will need to submit at trial to prove their case or defend against the other side’s claims. It allows each side to prepare for trial.The discovery stage is important for a number of reasons: In the discovery stage, both parties have the chance to learn (or “discover”) what evidence the other side has. OverviewĪfter the defendant files his answer with the court in response to the plaintiff’s complaint, the parties move into the “discovery” stage. Also, find out how "discovery" can be used to get the documents and evidence you need to support your case. Learn what information you must give to the other side at the very start of the case and what information the other side must give to you.
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