What is discovery? In a civil lawsuit, discovery is the formal process where the parties in the lawsuit exchange information and evidence before trial. If the parties do not disclose information or evidence then there is the possibility it will not be able to be used at trial. There are several types of discovery “tools” which are used to gather facts, assess the strengths and weaknesses of the case, and avoid surprises at trial.The Colorado Rules of Civil Procedure limits the amount of discovery that can occur and the limits will usually be addressed in the Case Management Order entered by the Court. The following are the main types of discovery:
- Interrogatories
- Written questions sent from one party to the other.
- Must be answered in writing and under oath.
- Requests for Production
- Requests for documents, electronically stored information (ESI), or other tangible items.
- Can include emails, contracts, business records, etc.
- Parties must produce responsive documents or explain why they can’t.
- Requests for Admission
- Statements that the other party must admit or deny.
- Used to narrow the issues by getting agreement on facts not in dispute.
- Depositions
- Oral questioning of a witness under oath, typically in person or via video.
- Recorded by a court reporter; can be used in court.
- Attorneys can object, but the witness usually must still answer unless instructed otherwise.
- Subpoenas
- Legal documents requiring non-parties to produce documents or testify.
- Can be for depositions or records.
- Initial Disclosures
- Required early in the case under the Colorado Rules of Civil Procedure and the Federal Rules of Civil Procedure.
- Includes basic information about witnesses, documents, damages, and insurance.
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