Advisory to the Pro Se Litigant #11: Discovery: The Process to Obtain Information from the Other Side

Each civil court system in this country provides each party with the opportunity to exchange information prior to trial. The process is called “discovery” because each party is allowed to “discover” what information the other parties have. After the complaint is answered, the court will likely issue a scheduling order dictating when discovery must be completed. There are five standard forms of discovery, namely, (1) interrogatories, (2) document requests, (3) depositions, (4) Requests for Admissions, and , (5) mental or physical examinations. Interrogatories are written question directed by one party to another regarding information that is relevant to the subject matter involved in the litigation. Document Requests are requests to another party to make available for viewing tangible items that are in their possession, custody or control. Although not necessarily mandatory, most responding attorneys make copies of responsive documents and provide the copies to the requesting parties. Depositions are oral or written examinations before a court reporter. Typically, a party or his or her attorney asks questions to the other party’s witnesses concerning the subject matter of the litigation. Be advised that there are specific rules concerning where, when, and for how long these depositions may occur. Mental or physical examinations are appropriate only when the mental or physical condition of a person is at issue. For instance, if you allege physical harm or medically cognizable emotional damages, a judge is likely to allow your opponent to require appropriate examinations to determine if the harm you are experiencing is caused by the alleged infraction. Note: Discovery in District Court is limited in contrast with discovery in Circuit Court. In fact, in many district court cases, no discovery is taken, even if it is permissible.