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The discovery process in business litigation

On Behalf of | Apr 7, 2022 | Uncategorized |

Before a business litigation dispute gets to court in Mississippi, a case must go through the discovery process. This involves both parties requesting and sharing certain information and documents with each other.

Discovery serves an important purpose

Discovery plays an important role in a business dispute. It allows both sides to obtain information on the case, so that each side has a full and complete picture of the dispute. Discovery often helps settle cases, since once everyone is aware of all the facts of the case, they are in a better position to negotiate and compromise.

Not all information must be shared through the discovery process. Information that is confidential, privileges or not relevant to the case does not need to be shared. For example, private conversations between a party and their attorney cannot be shared.

The discovery process usually begins with one party sending documents to the other. These documents may be interrogatories or a request to produce documents. Interrogatories are a list of specific questions that must be answered under oath. The document request contains a list of documents that the other party is requesting be provided to them.

You can object to certain discovery requests

Not all interrogatory questions must be answered if there is a valid objection to them, and the same goes for requests for documents. Valid objections to interrogatory questions could be that the question is irrelevant, too vague or too broad.

Similar objections could be lodged for requests for documents, as well as an objection that producing the requested documents would be too burdensome. If a request asks for all documents related to a particular issue for the past 20 years, an objection could be made, based on the time and effort it would take to gather all the documents.

Depositions are also part of the discovery process. A deposition involves answering interrogatory questions orally and under oath, instead of through a written document. Answers to questions are recorded, and the person answering questions has the right to make objections.

The discovery process can take a long time; however, once it is complete, the hope is that both parties to the dispute will have a better understanding of where things stand. There are many rules that must be followed in the discovery process, and knowing these rules is important to ensure the chance of a successful resolution.