When you file a lawsuit in California, there are several different types of terms that we want our clients to know and be comfortable with. Our top-rated personal injury attorneys will always do our best to ensure that our clients are informed of every step of their case.

Our attorneys have been representing  victims of accidents for decades, whether it is a motorcycle accident, slip and fall accident, hotel accident, etc., and we know exactly how the lawsuit process works, along with the time limits with every single step.

California has several rules and regulations in place that encourage a speedy discovery process in order to make sure that no attorney tries to delay the lawsuit maliciously. There are specific time limitations that each party must adhere to when sending out or receiving discovery. 

Discovery time is one of the most crucial times when filing a lawsuit. Each fact is discovered during this time, and could be helpful to either party to the case.

When a civil lawsuit is filed against a party, a plaintiff, also known as the party who is filing the lawsuit, will file paperwork against the defendant.  After the initial paperwork is filed that alerts the defendant that they have a lawsuit against them, the parties will then conduct discovery to gather as much as possible that will help them with their case. During this time, the parties could recover good and bad pieces of evidence. It is up to the party’s discretion and experience to later determine how they will be able to use those bad facts in their favor.

During this discovery time, each party will also assess the value of the case and determine whether or not they should settle or go to court. Usually, parties settle to prevent going to court because court can be very costly, and the jury may decide on a larger amount than the settlement.

During discovery, there will be several different types of events that could take place. This includes:

• Depositions: depositions are oral statements given by parties to the case or third parties. They are under oath, but this happens before trial. During this time, each attorney will be able to ask the party who is being deposed questions about the accident and the circumstances.
• Form interrogatories: this is a set of form questions created by the California courts where the party will have to check mark each pre drafted question that they want answered from the other party.
• Special interrogatories: these are specific questions that are drafted by each attorney that they want answered by the other party.
• Request for admission: this is the document that states facts that each party would want the other party to admit. The other party could either admit or object.
• Production of documents: if the case involves documents, such as insurance forms or police reports, then there most likely will have to be production of documents filed against the party the attorney is trying to get information from.
• Medical examination: common in personal injury cases where the plaintiff is claiming bodily injury, the defendant will most likely hold a medical examination for the plaintiff. The plaintiff will have to attend. The doctor will most likely be a doctor chosen by the defendant who is requesting the medical examination.
• Subpoena: subpoenas are a document filed onto a party asking the party to either appear for a deposition or to provide specific documents. 

During this time, there are specific types of documents and communications that should not be given out during discovery. For example, privileged information cannot be disclosed during discovery. Privileged information includes attorney-client privilege, such as statements made from the client to their attorney, along with documents and materials that the attorney used in order to prepare for the case and trial. 

While each party is receiving discovery documents and information, they are preparing for trial and determining whether or not they have a chance of winning or losing. However, it is important to remember that evidence that comes in during the discovery time may not be brought in in court.