The purpose of discovery is to gather facts and evidence. Another purpose of discovery is to eliminate unsupported positions and arguments by exposing a lack of evidence or facts in support. At every stage we make clear that we intend to leave no stone unturned. This strategy can lead to earlier or higher settlement amounts.
Preparing for trial is a labor-intensive undertaking for the lawyers. It is also our bread and butter and over nearly 30 years of focused experience Bonsignore Trial Lawyers have refined the process to make it efficient, cost effective and non-intrusive. We take great pride in the fact we are often singled out as having the best-prepared witnesses in any given case.
We will collecting relevant documents, conduct interviews, obtain sworn statements, engage experts and do all things necessary to support your claim. This is called “discovery”. The facts we obtain in discovery through Requests for Admission, Depositions, Interrogatories, and Requests for Production or subpoenas help us obtain the evidence we need to tell your story or to confront your opponent with evidence that may prompt them to settle. Alternatively, when your case goes to trial depositions, interrogatories and paper discovery allow us to impeach/discredit and remove a witness if he/she changes testimony in court.
Evidence is simply another word for facts that are presented to a group of ordinary people. Evidence is what the juries relies on to fairly and impartially determine fault and the amount that equals your full measure of damages. As we obtain facts and information necessary to prove fault and establish your full measure of damages, our courtroom strategy is constantly developed and refined. As we piece the case together, we send an important message to defendants about their liability exposure. Bonsignore Trial Lawyers’ attorneys are known for their aggressive discovery.
Discovery is a process by which the parties disclose and exchange information. Prior to participating in discovery, Bonsignore Trial lawyers will confer with you and assist you in preparing your responses. We will also fully assume the responsibility for serving discovery on the other parties, review what they produce, and follow up as necessary. The following are very basic descriptions of common discovery tools:
Interrogatories are a set of written questions intended to elicit information related to the subject of the lawsuit. We require all defendants to answer interrogatories. Interrogatories are sets of questions that must be answered and returned along with a signed, sworn statement. Interrogatories are an important discovery tool as they commit a party to a position, and may uncover facts not determined in the initial investigation. In the past, interrogatories have identified individuals who have relevant knowledge or evidence and secured admissions on key facts.
Requests for Production of Documents and Things
Production requests may be for writings or things. Typically, documents related to the lawsuit are requested. During discovery, we collect and assemble documents from our opponents and other parties, such as emails, internal memos, manuals, market analysis, meeting minutes, phone records and any other evidence that support your case
Requests for Admissions
Requests for admissions require the responding party to admit or deny a specific point related to the lawsuit.
Depositions of witnesses or other third parties with relevant information are important. During depositions, lawyers ask questions in person in the presence of a stenographer who types up the spoken words. The person whose deposition is taken is allowed to review and correct, or change the written testimony. Bonsignore Trial Lawyer deponents are always very well prepared. Once prepared the potential for stress is reduced, and most often eliminated.
The experts we engage for your case will help us prepare for trial. Using their analysis, we can present a professional opinion of your situation. Those same experts may testify if your case goes to trial and they may provide insight to the jury.
When the discovery phase ends, a date is set for trial and your attorneys begin to prepare for the courtroom. By this time, both sides have a good idea of the strength of the suit and it is possible that a settlement, mediation or arbitration may be considered.