Discovery

The pre-trial process where both sides exchange information, documents, and evidence relevant to the case.

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Detailed Explanation

Discovery is often the most expensive phase of litigation. It includes interrogatories (written questions), document requests, depositions, requests for admission, and expert disclosures. Electronic discovery (e-discovery) of emails and digital files can cost $5,000-$500,000+ for large cases. Discovery disputes over what must be disclosed generate significant attorney fees.

Related Terms

Deposition

Sworn, out-of-court testimony given by a witness or party, recorded by a court reporter, as part of the discovery process.

Interrogatories

Written questions sent by one party to another during discovery that must be answered under oath within a specified timeframe.

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