Examinations for Discovery is an important part of every personal injury claim where lawyers for each of the parties involved question the parties under oath about the matters involved in your lawsuit. The questions and answers are taken down by a reporter and later, if necessary, can be produced as a written transcript.
What is the Purpose of Examinations For Discovery?
The lawyer doing the examination will try to accomplish three things:
• To find out what the other party has to say about the matters which are in question within the lawsuit;
• To see whether there are any areas of agreement among the parties to the lawsuit;
• To try to obtain admissions from another party which can later be used against that party at trial.
The lawyer who is doing the questioning has the right to ask a fairly broad range of questions dealing with the issues of the collision. The lawyer for the party who is being examined is present to ensure that all of the questions asked are proper ones and to object if he or she feels that any questions asked of you are improper.
Where Will the Examinations for Discovery be Held?
Discoveries are held at offices specially set up for this purpose. They are usually called “Examiner’s Offices” and they are privately operated. The parties, the lawyers and a court reporter will be there.
What Should Be Done to Prepare For Discovery?
Your personal injury lawyer should spend adequate time with you to help you prepare for your examination for discovery. If you are appearing as a witness on your own behalf, you should also review all documents or notes that you may have which pertain to the case. You should not worry about forgetting something while you are at the discovery as it is not a test. If you are asked something that you have forgotten, you can, at the request of the examining lawyer, find out the answer later and advise at a later time. Try to take as many breaks as you need as you are not expected sit in one position for hours answering questions. Your lawyer will be right beside you and will interject if he or she feels the need to.
What Are The Results of Examinations For Discovery?
Your lawyer must prepare your case as if it will be necessary to go all the way to trial. However, lawsuits are frequently settled after discoveries have been completed because by then, each party has had an opportunity to review the strengths and weaknesses of the case and that of the other party or parties. Those strengths and weaknesses are largely revealed by the discoveries.
Even if there is no settlement, the discovery serves a very useful purpose because it acquaints your lawyer with much of the evidence upon which the other side is going to rely on at trial. This is a very important step in your case and we wish you the best of luck.
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