Wednesday, September 18, 2013

Why it is Important to Answer Discovery in your Case

Unhappy about Discovery requests in your case? Read on to see why it is important to take them seriously...

1. You can't just ignore it- 

You are required by Texas law and procedure to answer discovery when you are involved in an active legal case.  If you are involved in a business lawsuit or a contested divorce, you should be prepared to answer discovery requests in your case.

2. The common types of discovery requests you can expect and why they are important.

Interrogatories are the most common requests.  These are written questions about your case and things that are involved in your case. (If irrelevant questions are asked, your attorney will object to them).  Along with Interrogatories, you may be given Requests for Production,  in which you must produce documents and other things (for example, digital files or photographs).  Depositions  are another common type of discovery, but are not used in every case due to the time and expense involved.

These methods of discovery are important because they allow the sharing of information among the parties.  This information sharing helps the attorneys plan the case, allows each party to get information to which s/he is entitled and might not be voluntarily given, and helps conserve time in court.

3. What will happen if you just ignore the requests? 

You may lose your case! You may be given sanctions  by the court (for example, the judge may order you to pay some attorney fees to your opponent, may "strike" part of your pleadings, negatively affecting your case, or your case could be thrown out altogether.

4. How should you handle discovery requests? 

Read them completely as soon as your lawyer gives you a copy. Begin writing or typing your answers in a rough draft form as soon as possible. Start gathering any documents you need, and organize them into groups.   If you are unsure about what a question means, or whether you are required to answer it, discuss it with your attorney.  Don't hold back important information or neglect to share it with your attorney.   

 Kalish Law Office  Business & Family Law Attorneys in The Woodlands Texas. Since 1984

"Passionate, Professional & Personal. We Make the Difference."

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