After a given case has been scheduled for consideration by a lower court, the 2 opposing sides exchange their evidence during the discovery process.
3 aspects to discovery process
Interrogatories: Written exchange of questions and answers
Document production: Either side has right to request a document that is in possession of the other side.
Deposition: Oral testimony in response to stated questions from the 2 opposing lawyers
Noteworthy features of each aspect
The person answering the questions posed in an interrogatory must give his or her version of the facts; the same person is allowed to consult with an attorney, and to object to incomprehensible or unfair questions.
During document production, some states allow the party that has requested documents to view computer files.
During deposition, the person giving testimony is expected to offer a concise explanation, in answer to each of the lawyer’s questions.
What could happen if one side tried to hide a document and not share it with the other side during the document production?
Later, that devious tactic would probably come to light. During the trial a reference might be made to the one document’s existence. Then, if the judge were to learn that the complete exchange of evidence had not taken place, the same judge might decide to penalize the side that had used a devious tactic.
How the deposition could be of added value to each of the opposing lawyers?
A court reporter records all of the answers given during the time that the witness is testifying. Each of the lawyers has the right to study what a given witness has said, when testifying under oath. Later, each lawyer has a chance to re-state any question that was asked during the deposition.
Witnesses that demonstrate consistency in their answers enjoy an acceptance of the apparent veracity of their statements. On the other hand, those that do not give consistent answers should expect to come under more intense questioning. The lawyer might also call the change in their story to the attention of the jury.
Personal injury lawyers in Fort Erie also use the deposition as a way to study the strength of the answers given by each lawyer’s client. In that way, each attorney has a way to test the client’s performance as a witness. Clients that do not perform well are seldom called to testify in the courtroom during the trial.
What rule could pose a challenge during the deposition?
There is no judge to rule against or in favor of any objection. Any attorney has the right to object to a question. Still, the presentation of that same objection merely goes in the record. It cannot be upheld or overruled in any way.