The Short Answer
Discovery is the pre-trial phase of a civil lawsuit where both sides gather information before the case goes to court. It typically includes written questions called interrogatories, depositions of parties and witnesses, and requests for admissions. The goal is to reduce surprises at trial by giving each side a clear picture of the facts and evidence the other side intends to present. If you're being sued by a creditor, understanding discovery means you'll know what to expect if the case moves forward.
A lawsuit is crafted of several different stages. In the civil proceedings there are certain litigation paths that must be taken depending on the route of the case. Discovery is in the pre-trail phase of a lawsuit and acts as the parties’ opportunity to gather information.
Upon the commencement of a civil action by filing a civil summons, the defendant is allowed to file an answer to the complaint, either admitting or denying allegations.
In response to the answer, the plaintiff’s lawyers then put together written questions known as “interrogatories,” which usually mark the beginning of the discovery phase in litigation. These are a series of questions compiled by the plaintiff’s for the defendant to answer. However, the defendant may also serve a set of interrogatories on the plaintiff(s).
In addition to interrogatories, the parties may request depositions. A deposition is an examination of a party or witness in a lawsuit. A deposition allow for each side to gather further information and allows opposing counsel the opportunity to know what a witness or party to a case may say at trial by allowing them to question or depose them.
Another tool in the discovery process are the requests for admissions. These are used to determine which issues or facts in a case are really in contention. If a party is willing to admit to something then it is not something that needs to be argued during a potential trial. Requests for admissions are done in writing.
This is just a brief synopsis of the different parts of discovery in a lawsuit. The important thing to remember is discovery is meant to gather or discover information so there are fewer surprises if a case does find its way to court.
Key Takeaways
- Discovery happens before trial and is the phase where both sides formally gather evidence and information
- Interrogatories are written questions that one party sends to the other, and both plaintiffs and defendants can use them
- A deposition allows attorneys to question a party or witness under oath before trial so there are no surprises about what they might say in court
- Requests for admissions narrow down which facts are actually disputed, saving time by eliminating issues both sides already agree on
- Discovery is designed to make litigation more transparent — the fewer surprises going into trial, the more efficiently a case can be resolved
Attorney Insight
The mistake I see most often is people ignoring a creditor lawsuit because they assume it will go away — and then suddenly they're deep into the discovery phase with deadlines they didn't know existed. In North Carolina, creditors can't garnish your wages based on a civil judgment alone, but that doesn't mean a lawsuit is harmless; a judgment can still lead to bank account levies or liens on real property. By the time a client comes to me after a deposition notice has already been served, their options have narrowed considerably. Filing bankruptcy before a judgment is entered triggers the automatic stay, which halts the lawsuit entirely — but timing matters.
