How to Fill Out a Legal Discovery Document
Discovery is a process that occurs before civil trials, during which the opposing parties exchange information relevant to the case. A party--either the plaintiff or defendant--only receives the information it specifically requests, so it is important to fill out the legal discovery document properly. A discovery document can contain one or more generic interrogatories (general questions you want the opposing party to answer), depositions (interview questions with a specific witness), requests for the production of documents (a request that the opposing party turn over certain documents relevant to the case) and requests for admission (asking the opposing party to admit to mutually acknowledged facts so that they do not have to be argued at trial).
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Instructions
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Create a heading on your discovery request that complies with the specific rules of your state and jurisdiction. Every court is slightly different, but most headings require the name and location of the court, the names of the parties and the case number.
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Write a first paragraph that includes the state statute that authorizes discovery. Each state has such a statute, but each state puts the rule in a different part of its rulebook. The first paragraph should also include a statement of scope, explaining to whom and to what kind of documents the discovery request pertains.
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List your interrogatories. You are limited to 25 questions that the other party must answer in writing. Most attorneys will use generic form interrogatories for similar matters (such as for all car accidents), but you may also ask particular questions specific to the case. A sample interrogatory question is "What are the security systems you have in place to protect electronic files?"
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Outline the witnesses you intend to depose. Depositions will typically occur in person, but they may be conducted remotely. You should depose anyone you intend to call as a witness at trial.
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Delineate your document production requests. Document requests must be worded very carefully, as the opposing party will try to interpret your request in a way that allows her not to turn over a critical document. The documents you request must be specifically related to the case but may be described generally. For example, phrase a production request like this: "Please produce all documentation, including research, doctor's notes and internal memoranda related to the development of this medication."
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Make your request for admissions by saying "Plaintiff (or Defendant) requests that Defendant (or Plaintiff) admit or deny the truth of the following." Then, on numbered lines, list the facts you intend to allege at trial. For example, "Defendant was injured on the site at 9:00." The opposing party must then respond with a similarly numbered list either admitting or denying the facts you have set forth.
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Tips & Warnings
Not all the discovery requests must be included in a single discovery document. It is possible that you will learn more information during the discovery process that necessitates additional discovery requests.
While some attorneys respond with denials to every request for admission, a shrewd lawyer will capitalize upon this and read the denials in court as evidence of the opposing party's refusal to admit to even obvious, indisputable facts.
The opposing party can object to your discovery requests for reasons such as over-broadness or burdensomeness. You should be prepared to justify each of your requests.
