What Is Discovery and What Does It Involve?

Discovery is the formal process through which both sides in a lawsuit exchange information and evidence relevant to the case. It is one of the most important phases of litigation and one of the most demanding in terms of preparation and strategy.

Discovery in a serious injury case typically involves written questions that each side must answer under oath, formal requests for documents and records from the opposing party, requests for inspection of physical evidence or locations relevant to the incident, and depositions, which are sworn testimony taken outside of court and discussed in more detail below.

Discovery is where a well-prepared case separates itself from a poorly prepared one. The questions asked, the documents requested, and the depositions taken all shape the record that will be used at trial or at the settlement table. Team Stogner approaches every discovery phase as if the case will ultimately be decided by a jury, because that standard of preparation produces better outcomes whether the case goes to trial or not.