Discovery is a fact-finding process that takes place after a lawsuit has been filed but before the trial begins, in order to allow the parties in the case to make the decision to either go to settlement or prepare for trial. It is based upon the belief that a free exchange of information is more likely to help uncover the truth regarding the facts at issue. Court rules of evidence and State laws govern the discovery procedure.
There are deadlines and guidelines for filing discovery requests and submitting answers. A failure to render a timely response or properly answer a discovery request may lead to fines and other sanctions. Local laws vary, so laws in your area should be consulted for applicable requirements
Added: In general, parties and their attorneys file the original of all court papers with the court. However, discovery is the exception. Discovery materials are not generally filed as a matter of course. Like any other court process, the discovery process relies on deadlines to be effectively pursued. Because of this, parties make a record of the date upon which they serve discovery records, called a Notice of Service of Discovery. This document is filed with the court. If there is later dispute over whether a deadline has been met, the parties rely on this notice as a sworn, official document for when these materials were served.
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