Soon after a lawsuit has started, the parties request information from each other regarding the claims made in the lawsuit. This part of the lawsuit is referred to as “Discovery” because it is through the exchange of this information that the parties discover specifically what the other side’s case is about.
During “Discovery” the parties can request information in many different forms and as long as it is reasonably connected to the claim and is not privileged or otherwise protected the law allows parties to request just about anything. But there are limitations and a competent lawyer will make sure the other side doesn’t abuse the process. (Check back for future posts which will explain when something may privileged or otherwise protected).
Depending on the claims made in the lawsuit “Discovery” can include medical/hospital records, bills, invoices, photographs, information regarding witnesses, statements that were made at the time of an accident and much more. It is for this reason that if you are involved in an accident and are thinking about starting a lawsuit or concerned that you might be sued, that you should consult an attorney as soon as possible. Statements you make about an accident or other event may become “Discovery” and could impact your position in a lawsuit.
Every state has its own set of rules which control what is to be produced in “Discovery” so you should contact a lawyer where the lawsuit is pending to get the best possible advice.
Til next time,
Turning legalese into legal ease,
Lewis
Law for the Layman 
[…] my last entry I started discussing what “Discovery” in a lawsuit might involve. I briefly explained that for the most part, the rules […]